Transportation Code § 112.053

Sec. 112.053. CONDEMNATION OF PROPERTY: WHEN RAILROAD COMPANY AND OWNER DISAGREE. (a) A railroad company may acquire property by condemnation if the company cannot agree with the owner for the purchase of the property and the property is required for any of the following purposes: (1) the incorporation of the railroad; (2) the transaction of company business; (3) depots, station buildings, and machine and repair shops; (4) the construction of reservoirs for the water supply; (5) the right-of-way, or new or additional right-of-way; (6) a change or relocation; (7) a roadbed; (8) the shortening of a line; (9) the reduction of grades; (10) the double tracking of the railroad or the construction and operation of tracks; or (11) any other purpose connected with or necessary to the building, operating, or running of the railroad. (b) A railroad company may not, under this section, condemn property that is located more than two miles from the company's right-of-way. Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.03, eff. April 1, 2011.