Tex. Transp. Code Section 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.
Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.04, eff. April 1, 2011.

Source: Section 173.159 — Eminent Domain, https://statutes.­capitol.­texas.­gov/Docs/TN/htm/TN.­173.­htm#173.­159 (accessed Jun. 5, 2024).

173.001
Definition of Person 173.002
Definitions 173.003
Location of Municipality in County 173.004
Nature of District 173.051
Creation of District 173.052
Addition of Political Subdivision or Other Public Entity to District 173.101
Control of District 173.102
Composition of Board 173.103
Vacancy 173.104
Presiding Officer 173.105
Meetings 173.106
Board Meetings by Telephone or Videoconference 173.107
Rules for Proceedings 173.108
Compensation 173.109
Employees 173.110
Executive Committee 173.111
Retirement Benefits 173.151
General Powers of District 173.152
Rules 173.153
Agreements Generally 173.154
Agreements with Other Entities for Joint Use 173.155
Joint Ownership Agreements 173.156
Exclusive Development Agreements 173.157
Interlocal Agreements with Commission 173.158
Awarding Construction or Purchase Contracts 173.159
Eminent Domain 173.160
Suits 173.161
Changing Name of District 173.201
General Authority over Commuter Rail Facilities 173.202
Powers Relating to District Property 173.203
Use and Alteration of Property of Another Political Subdivision 173.204
Rules Governing System and Routings 173.205
Acquisition of Property 173.206
Acquisition of Rolling Stock and Other Property 173.207
Compensation for Use of System Facilities 173.208
Operation or Use Contracts 173.209
Rail Transportation Services Agreements with Other Political Subdivisions 173.251
Fiscal Year 173.252
Annual Budget 173.253
Grants and Loans 173.254
Depository 173.255
Purchase of Additional Insured Provisions 173.256
Financing of Certain Transportation Infrastructure 173.257
Tax Exemption 173.301
Revenue Bonds 173.302
Security for Payment of Bonds 173.303
Bonds as Authorized Investments and Security for Deposits of Public Funds 173.304
Limit on Power 173.305
Tax Increment Fund for Transportation Infrastructure Zone in Certain Districts 173.306
Tax Increment Bonds and Notes Issued by Local Government Member in Certain Districts 173.351
Tax Authorized 173.352
Tax Rate 173.353
Preemption of Other Sales and Use Taxes 173.354
Applicability of Tax Code 173.355
Notice to Comptroller 173.356
Notice to Local Governments 173.357
Acquisition of Additional Territory Subject to Tax 173.358
Duty of Comptroller 173.359
Effective Date of Tax
Green check means up to date. Up to date

Accessed:
Jun. 5, 2024

§ 173.159’s source at texas​.gov