Texas § 173.159 EMINENT DOMAIN.

Texas Statutes

§ 173.159 — EMINENT DOMAIN.

Texas § 173.159

Code TNTransportation Code

This text of Texas § 173.159 (EMINENT DOMAIN.) is published on Counsel Stack Legal Research, covering Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Tex. Transportation Code Code Ann. § 173.159 (2026).

Text

Sec. 173.159. EMINENT DOMAIN.

(a)A district may exercise the power of eminent domain to acquire:

(1)land in fee simple; or

(2)any interest less than fee simple in, on, under, or above land, including an easement, right-of-way, or right of use of airspace or subsurface space.

(b)The power of eminent domain under this section does not apply to:

(1)land under the jurisdiction of the department or a metropolitan transit authority; or

(2)a rail line owned by a common carrier or municipality.

(c)To the extent possible, the district shall use existing rail or intermodal transportation corridors for the alignment of its system.

(d)An eminent domain proceeding is begun by the board's adoption of a resolution declaring that the district's acquisition of the property or interest described in

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Sec. 173.159. EMINENT DOMAIN. (a) A district may exercise the power of eminent domain to acquire:
(1) land in fee simple; or
(2) any interest less than fee simple in, on, under, or above land, including an easement, right-of-way, or right of use of airspace or subsurface space.
(b) The power of eminent domain under this section does not apply to:
(1) land under the jurisdiction of the department or a metropolitan transit authority; or
(2) a rail line owned by a common carrier or municipality.
(c) To the extent possible, the district shall use existing rail or intermodal transportation corridors for the alignment of its system.
(d) An eminent domain proceeding is begun by the board's adoption of a resolution declaring that the district's acquisition of the property or interest described in the resolution:
(1) is a public necessity; and
(2) is necessary and proper for the construction, extension, improvement, or development of commuter rail facilities and is in the public interest.
(e) The resolution is conclusive evidence of the public necessity of the proposed acquisition and that the real property or interest in property is necessary for public use.