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Texas Vernon's Texas Civil Statutes - Article 6349. Abandonment, Change, Or Relocation Of Line

Legal Research Home > Texas Lawyer > Vernon's Texas Civil Statutes > Texas Vernon's Texas Civil Statutes - Article 6349. Abandonment, Change, Or Relocation Of Line

Art. 6349. ABANDONMENT, CHANGE, OR RELOCATION OF LINE.  When 
any railroad in this State whether incorporated under State or 
Federal charter desires to abandon, change or relocate any portion 
of its line of railroad within this State adjacent to but not within 
an incorporated city of fifty thousand or more inhabitants 
according to the preceding Federal census, it shall present a 
petition therefor to the Railroad Commission of Texas showing that 
portion of its line sought to be changed, relocated or abandoned and 
the situation of the new relocated line, with the reasons 
justifying the same;  thereupon said Commission shall set down said 
application for hearing and give public notice thereof of not less 
than ten days in the locality where such change is desired by 
publishing notice in a newspaper of general circulation published 
nearest thereto, setting out substantially what such contemplated 
change may be;  and if after such hearing said Commission shall be 
of the opinion that it is to the public interest to permit such 
change, relocation or abandonment of said line, it shall enter its 
order approving same and thereupon said railroad corporation or 
receivers of any railroad shall be empowered to make such change, 
relocation or abandonment;  provided that nothing contained herein 
shall be construed to authorize said Commission to permit any 
railroad corporation or receivers of any railroad to abandon such 
substantial part of its line as shall amount to impairment of its 
charter contract or deprive any city or town of railroad 
facilities.  Provided, said Commission shall not exercise the power 
herein granted unless and until said railroad corporation or 
receivers of any railroad shall have obtained the permission of the 
commissioners court of the county for such change, relocation or 
abandonment, which permission shall be evidenced by the duly 
authenticated order of such court which shall accompany the 
petition of such railroad corporation or receivers of any railroad 
to said Commission.

Acts 4th C.S. 1918, p. 45.                                                    

Last modified: August 10, 2007