81st Texas Legislature, Regular Session, Senate Bill 1540, Chapter 85 Page: 15 of 126
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1 grant when the property is no longer required for railway use.
2 (V.A.C.S. Art. 6341.)
3 Sec. 112.003. DAMAGES. A railroad subject to this subtitle
4 or Subtitle D is liable to a person, firm, or corporation injured
5 for the damages resulting from:
6 (1) a prohibited or unlawful act or thing that the
7 r.il 'road does or causes or permits to be done; or
8 (2) failure of the railroad to perform an act the
9 railroad is required to perform under this subtitle or Subtitle D.
10 (V.rlC.S. Art. 6475.)
11 [Sections 112.004-112.050 reserved for expansion]
12 SUBCHAPTER B. ACQUISITION AND USE OF PROPERTY BY RAILROAD OR OF
14 I Sec. 112.051. ENTRY ONTO PRIVATE PROPERTY. (a) A railroad
15 company is entitled to make an. examination and survey for the
16 comp any's proposed railway, to be performed as necessary to select
17 the most advantageous route for the proposed railway, and, subject
18 toySub ection (c), may, ent r on the lands or waters of any person or
19 corpo ation for that purpo e.
20 (b) A railroad company is responsible for any damages
21 ari sig from an examination or survey under this section.
22 (c) Except for the purposes of performing a lineal survey, a
23 rair a company may not enter on private real property for the
24 purpose of condemning the property or any material on the property
25 for any purpose until the company agrees with and pays the owner of
26 the property all damages that may be caused to the owner's property
27 ,by. the condemnation of the property and by the construction of the
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Texas. Legislature. Senate. 81st Texas Legislature, Regular Session, Senate Bill 1540, Chapter 85, legislative document, May 20, 2009; [Austin, Texas]. (texashistory.unt.edu/ark:/67531/metapth310917/m1/15/: accessed February 20, 2018), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; crediting UNT Libraries Government Documents Department.