CHAPTER 6. RIGHT OF WAY - Texas Statutes

VERNON'S CIVIL STATUTES

TITLE 112. RAILROADS

CHAPTER 6. RIGHT OF WAY

Text of article effective until April 01, 2011

Art. 6318. LINEAL SURVEY. Every railroad corporation shall have

the right to cause such examination and survey for its proposed

railway to be made as may be necessary to the selection of the

most advantageous route, and for such purpose may enter upon the

lands or waters of any person or corporation, but subject to

responsibility for all damages that may be occasioned thereby.

Acts 1876, p. 147; G.L. vol. 8, p. 983.

Text of article effective until April 01, 2011

Art. 6320. STREAMS OF WATER. Such corporation shall have the

right to construct its road across, along, or upon any stream of

water, water course, street, highway, plank road, turnpike, or

canal when the route of said railway shall intersect or touch;

but such corporation shall restore the stream, water course,

street, highway, plank road, turnpike, or canal thus intersected

or touched, to its former state, or to such state as not to

unnecessarily impair its usefulness, and shall keep such crossing

in repair.

Text of article effective until April 01, 2011

Art. 6326. INTERSECTIONS. Nothing in this chapter shall be

construed to affect the law requiring railroad companies to

provide proper crossings at intersection of all roads and

streets.

Acts 1887, p. 39; G.L. vol. 9, p. 837.

Text of article effective until April 01, 2011

Art. 6327. CROSSINGS OF PUBLIC ROADS. Every railroad company in

this State shall place and keep that portion of its roadbed and

right of way, over or across which any public county road may

run, in proper condition for the use of the traveling public, and

in case of its failure to do so for thirty days after written

notice given to the section boss of the section where such work

or repairs are needed by the overseer of such public road, it

shall be liable to a penalty of ten dollars for each week such

railroad company may fail or neglect to comply with the

requirements of this article. Such penalty shall go to the road

and bridge fund of the county in which the suit is brought; and

the county attorney, upon the making of an affidavit of the facts

by any person, shall at once institute against the company

violating any provision of this article suit in the proper court

to recover such penalty or penalties, and his wilful failure or

refusal to do so shall be sufficient cause for his removal from

office, unless it is evident that such suit could not have been

maintained. The proceedings under this article shall be conducted

in the same manner as civil suits. The county attorney attending

to such suits shall be entitled to a fee in each case of ten

dollars, to be taxed as costs; provided, that when two or more

penalties are sought to be recovered in the same suit, but one

such fee shall be allowed. Such suits shall be conducted in the

name of the county, and if the county be cast in the suit no

costs shall be charged against it.

Acts 1885, p. 45; G.L. vol. 9, p. 665.

Text of article effective until April 01, 2011

Art. 6336. WHEN CORPORATION AND OWNER DISAGREE. (a) A railroad

corporation may acquire property by condemnation if the

corporation cannot agree with the owner for the purchase of the

property and the property is required for the following purposes:

(1) the incorporation of the railroad;

(2) the transaction of railroad corporation 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 road bed;

(8) shortening a line;

(9) reducing grades;

(10) double tracking the railroad or constructing and operating

tracks; or

(11) any other purpose connected with or necessary to the

building, operating, or running of the railroad.

(b) A railroad corporation may not condemn property under this

article that is located more than two miles from the right of way

of the railroad corporation.

Acts 1876, p. 147; G.L. vol. 8, p. 983; Acts 1901, p. 46; Acts

1919, p. 280.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

1115, Sec. 2, eff. September 1, 2007.

Text of article effective until April 01, 2011

Art. 6336a. LOCAL REGULATIONS FOR RESIDENTIAL PROPERTY. (a)

This article applies only to the condemnation of property for a

terminal switching railroad handling fewer than 10,000 but more

than 3,000 carloads a year that operates in a single county with

a population of 110,000 or more that is not adjacent to the Texas

border and does not contain a portion of a national forest.

(b) The power to condemn property given to a railroad company

under this title, including Articles 6316a, 6336, and 6351, does

not apply to any property used for or designated under local

zoning regulations for residential use unless the use of the

condemned property is authorized under or in conformity with

local zoning or development regulations.

Added by Acts 2005, 79th Leg., Ch.

647, Sec. 1, eff. June 17, 2005.

Text of article effective until April 01, 2011

Art. 6337. ENTRY ONLY FOR SURVEY. No railroad company shall

enter upon, except for a lineal survey, any real estate whatever,

the same being private property, for the purpose of taking and

condemning the same, or any material thereon, for any purpose

whatever, until the said company shall agree with and pay the

owner thereof all damages that may be caused to the lands and

property of said owner by the condemnation of said real estate

and property, and by the construction of such road.

P.D. 4922.

Text of article effective until April 01, 2011

Art. 6338. PRACTICE IN CASE SPECIFIED. When any railroad company

is sued for any property occupied by it for railroad purposes, or

for damages thereto, the court in which such suit is pending may

determine all matters in dispute between the parties, including

the condemnation of the property, upon petition or cross bill,

asking such remedy by defendant, but the plea for condemnation

shall be an admission of the plaintiff's title to such property.

Acts 1889, p. 18; G.L. vol. 9, p. 1046.

Text of article effective until April 01, 2011

Art. 6339. RIGHT OF WAY CONSTRUED. The right of way secured by

condemnation to any railway company in this State shall not be

construed to include the fee simple estate in lands, either

public or private, nor shall the same be lost by forfeiture or

expiration of the charter, but shall remain subject to an

extension of the charter or the grant of a new charter over the

same way without a new condemnation.

Acts 1861, p. 12; G.L. vol. 5, p. 348.