RIGHT-OF-WAY ACQUIRED BY CONDEMNATION
Applied in 1 court decision — leading case Union Pacific Railroad Company v. Ameriton Properties Incorporated (2014)
Most recently applied in Union Pacific Railroad Company v. Ameriton Properties Incorporated (October 2014)
Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.03, eff
(a) A right-of-way that a railway company in this state acquires by condemnation does not include a fee simple estate in public or private land.
(b) A right-of-way that a railway company acquires by condemnation is not lost on forfeiture or expiration of the railway company's charter. The right-of-way remains subject to an extension of the charter or the grant of a new charter, and a new condemnation of the way is not required.
Official source: Texas Constitution and Statutes. Reproduced from public-domain Texas statutes; confirm against the official source for the current text. Not legal advice.