Texas Transportation Code - Section 91.035. Use Of Facilities Belonging To Public Or Private Entity
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§ 91.035. USE OF FACILITIES BELONGING TO PUBLIC OR PRIVATE
ENTITY. (a) The department, for the purpose of acquiring,
constructing, maintaining, and operating freight or passenger rail
facilities and systems in this state, may:
(1) use a street, alley, road, highway, or other
public way of a municipality, county, or other political
subdivision with the consent of that political subdivision; and
(2) at the expense of the department, relocate, raise,
reroute, or change the grade of the construction of a street, alley,
highway, road, railroad, electric line and facility, telegraph and
telephone property and facility, pipeline and facility, conduit and
facility, and other properties, whether publicly or privately
owned, as necessary or useful in the construction, maintenance, and
operation of a rail facility or system.
(b) The department shall provide reasonable notice to the
owner of the applicable facility of the need for the alteration
under Subsection (a)(2) and allow that owner the opportunity to
complete the alteration.
Added by Acts 2003, 78th Leg., ch. 1325, § 4.01, eff. June 21,
2003.
Section: 91.005 91.006 91.007 91.031 91.032 91.033 91.034 91.035 91.036 91.0361 91.037 91.051 91.052 91.053 91.054
Last modified: August 10, 2007
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