Sec. 174.158.  EMINENT DOMAIN.  (a)  A district may exercise the power of eminent domain to acquire:
(1)  real property in fee simple; or
(2)  an interest in real property less than fee simple in, on, under, or above land, including an easement, right-of-way, or right of use of airspace or subsurface space.
(b)  The power of eminent domain under this section does not apply to:
(1)  land under the jurisdiction of the department; or
(2)  a rail line owned by a common carrier or municipality.
(c)  To the extent possible, the district shall use existing rail or intermodal transportation corridors for the alignment of its system.
(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)  is a public necessity; and
(2)  is necessary and proper for the construction, extension, improvement, or development of commuter rail facilities and is in the public interest. 
(e)  The resolution is conclusive evidence of the public necessity of the proposed acquisition and that the real property or interest in property is necessary for public use.
Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.04, eff. April 1, 2011.