Texas § TN.173.159 - EMINENT DOMAIN
Full text of Texas The Texas Constitution § TN.173.159 — EMINENT DOMAIN, with citation guidance and answers to common questions.
§ TN.173.159. EMINENT DOMAIN
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.
Frequently Asked Questions About Texas § TN.173.159
What does The Texas Constitution § TN.173.159 cover?
Section TN.173.159 ("EMINENT DOMAIN") is part of the The Texas Constitution, the codified statutory law of Texas. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Texas § TN.173.159?
A common citation format is "The Texas Constitution § TN.173.159" (Texas). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Texas law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Texas official source linked on this page or consult a licensed Texas attorney.
How does Texas § TN.173.159 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Texas can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Texas.