81st Texas Legislature, Regular Session, Senate Bill 1540, Chapter 85 Page: 57 of 126

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S.B. No. 1540
abioveland, including an easement, right-of-way, or right of use of
airspace or subsurface space.
:"(b) A district may not exercise the power of eminent domain
in a manner that would unduly interfere with interstate commerce.
(c) An eminent domain proceeding brought by a district is
governed by Chapter 21, property Code, except to the extent
inconsistent with this chapter.
(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) j a public necessity; and
(2) is necessary and proper for the construction,
extersin, improvement, or development of rail facilities and is in
4 thi public interest.
5 (e) The resolution is conclusive evidence of the public
6 ne essity of the proposed acquisition and that the real property or
7, interest in property is necessary for public use. (V.A.C.S.
8 Art 6550c, Sec. 5(f).)
9 iSec. 172.158. DISPOSITION OF SURPLUS PROPERTY. (a) A
O district may sell, lease, convey, or otherwise dispose of any
21 right, interest, or property not needed for or, in the case of a
22 le se, not inconsistent with the efficient operation and
23 maintenance of the system.
24 (b) A district ma , on adoption of an order by the board,
25 s ~l, lease, or otherwise dispose of surplus property not needed
26 for district requirements or to carry out district powers under
27 this hapter. (V.A.C.S. Art. 6550c, Sec. 5(1).)