Texas Laws | Transportation Code Added by Acts 2017, 85th Leg., R.S., Ch. 1118 (S.B. 975), Sec. 1, eff. September 1, 2017. (3938) SUBTITLE D. MISCELLANEOUS RAILROADS (3939)(Text)CHAPTER 131. MISCELLANEOUS RAILWAYS (3940)(Text)Sec. 131.001. DEFINITION OF PERSON. (3941)(Text)In this chapter: (3942) (1) "person" includes a corporation, as provided by Section 312.011, Government Code; and (3943) (2) the definition of "person" assigned by Section 311.005, Government Code, does not apply. (3944) Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.03, eff. April 1, 2011. (3945) SUBCHAPTER B. ELECTRIC RAILWAYS (3946)(Text)In this subchapter, "interurban electric railway company" means a corporation chartered under the laws of this state to conduct and operate an electric railway between two municipalities in this state. (3948) Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.03, eff. April 1, 2011. (3949) A corporation chartered for the purpose of constructing, acquiring, maintaining, or operating lines of electric railway between municipalities in this state for the transportation of freight, passengers, or both freight and passengers may: (3951) (1) exercise the power of eminent domain with all the rights and powers granted by law to a railroad company; and (3952) (2) enter, condemn, and appropriate land, right-of-way, easements, or other property of any person or corporation to acquire: (3953) (A) right-of-way on which to construct and operate lines of railway for the acquiring corporation; or (3954) (B) sites for depots or power plants. (3955) Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.03, eff. April 1, 2011. (3956) (a) A corporation described by Section 131.012 may: (3958) (1) lay out right-of-way not to exceed 200 feet in width for its railways; (3959) (2) construct its railways and appurtenances on that right-of-way; and (3960) (3) with compensation being made in accordance with law: (3961) (A) take for the purpose of cuttings and embankments additional land necessary for the proper construction and security of its railways; and (3962) (B) cut down any tree or remove any structure that may be in danger of falling on or obstructing its railway. (3963) (b) The corporation may: (3964) (1) have an examination and survey of its proposed railway made as necessary to select the most advantageous route; and (3965) (2) for the purposes of Subdivision (1), enter on the land or water of any person or corporation, subject to responsibility for all damages that may be caused by the entrance, examination, or survey. (3966) Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.03, eff. April 1, 2011. (3967) (a) A corporation described by Section 131.012 may construct its railway along, across, or over any stream, water course, bay, navigable water, arm of the sea, street, highway, steam railway, turnpike, or canal located in the route of its electric railway. (3969) (b) The corporation may erect and operate a bridge, tram, trestle, or causeway, over, along, or across any stream, water course, bay, navigable water, arm of the sea, street, highway, turnpike, or canal described by Subsection (a). (3970) (c) A bridge or other structure described by Subsection (b) may not be erected so as to unnecessarily or unreasonably prevent the navigation of the stream, water course, bay, arm of the sea, or navigable water. (3971) (d) This section does not authorize the construction of an electric railway on or across a street, alley, square, or property of a municipality without the consent of the governing body of the municipality. (3972) (e) Before constructing an electric railway along or on a highway, turnpike, or canal, an interurban electric railway company must obtain the consent of the authority having jurisdiction over the highway, turnpike, or canal. (3973) Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.03, eff. April 1, 2011. (3974) (a) An interurban electric railway company's power of eminent domain under this subchapter includes the power to condemn for its use and benefit easements and right-of-way to operate interurban cars along and on the track of an electric street railway company owning, controlling, or operating track on any public street or alley in a municipality for a purpose described by Subsection (b), subject to the consent, authority, and control of the governing body of the municipality. (3976) (b) Condemnation under Subsection (a) may be used only to secure an entrance into and an outlet from a municipality on a route designated by the governing body of the municipality. (3977) (c) In a proceeding to condemn an easement or right-of-way under this section, the court or the jury trying the case shall define and establish the terms on which the easement or right-of-way may be used. (3978)
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