81st Texas Legislature, Regular Session, Senate Bill 1540, Chapter 85 Page: 18 of 126
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S.B. No. 1540
1 company under this subtitle or Subtitle D, including Section
2 112.052 or 112.053, does not apply to any property used for or
3 desi nated under local zoning regulations for residential use
4 un ss the use of the condemned property is authorized under or in
5 conformity with local zoning or development regulations. (V.A.C.S.
6 Ar t. 6336a. )
7 Sec. 112.055. RIGHT-OF-WAY ACQUIRED BY CONDEMNATION.
8 (a) A right-of-way that a railway company in this state acquires
9 by condemnation does not include a fee simple estate in public or
10 private land.
11 (b) A right-of-way that a railway company acquires by
12 condemnation is not lost on forfeiture or expiration of the railway
13 company's charter. The right-of-way remains subject to an
14 extension of the charter or the grant of a new charter, and a new
15 condemnation of the way is not required. (V.A.C.S. Art. 6339.)
16 iSec. 112.056. CONDEMNATION OF PROPERTY FOR CERTAIN ROADS.
17 (a) ~ ubject to Subsection (b), a corporation created to build,
18 maintain, and operate a line of railroads to a mine, gin, quarry,
19 manufacturing plant, or mill may acquire by condemnation land
20 necessary for the right-of-way for a road connecting the mine, gin,
21 quarry, manufacturing plant, or mill to the nearest line of
23 i (b) The corporation may condemn property under this section
24 only iif the corporation declares itself a common carrier and its
25 railroads public highways, placing the road under the control of
26 the department. (V.A.C.S. Art. 6550.)
27 -Sec. 112.057. CONSTRUCTION ON OR NEAR CERTAIN WATERWAYS OR
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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/m1/18/: accessed January 21, 2018), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; crediting UNT Libraries Government Documents Department.