Sec. 112.051. ENTRY ONTO PRIVATE PROPERTY. (a) A railroad company is entitled to make an examination and survey for the company's proposed railway, to be performed as necessary to select the most advantageous route for the proposed railway, and, subject to Subsection (c), may enter on the lands or waters of any person or corporation for that purpose.
(b) A railroad company is responsible for any damages arising from an examination or survey under this section.
(c) Except for the purposes of performing a lineal survey, a railroad company may not enter on private real property for the purpose of condemning the property or any material on the property for any purpose until the company agrees with and pays the owner of the property all damages that may be caused to the owner's property by the condemnation of the property and by the construction of the company's road.
Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.03, eff. April 1, 2011.
Structure Texas Statutes
Subtitle C - Railroads Generally
Chapter 112 - Powers and Duties of Railroads
Subchapter B. Acquisition and Use of Property by Railroad or of Railroad
Section 112.051. Entry Onto Private Property
Section 112.052. Acquisition of Property for Change, Relocation, or Abandonment of Railroad Line
Section 112.053. Condemnation of Property: When Railroad Company and Owner Disagree
Section 112.054. Condemnation of Property: Certain Terminal Switching Railroads
Section 112.055. Right-of-Way Acquired by Condemnation
Section 112.056. Condemnation of Property for Certain Roads
Section 112.057. Construction on or Near Certain Waterways or Roads
Section 112.058. Intersection of Rail Line and Road or Street
Section 112.059. Crossings of Public Roads
Section 112.060. Conversion of Property in Custody of Railroad Company
Section 112.061. Suit Involving Railroad Company Property
Section 112.062. Railroad Company Property Subject to Execution; Characterization of Rolling Stock