Sec. 186.056.  VALUATION OF RIGHTS ACQUIRED.  (a)  In the absence of an agreement to convey a permanent easement for the continued right to use a preexisting facility located in a railroad right-of-way, a utility, common carrier, cable operator, or energy transporter may obtain the right to continuously use the right-of-way through the exercise of eminent domain under Chapter 21, Property Code.
(b)  The award of damages due the railroad under an eminent domain proceeding as provided by Subsection (a) is:
(1)  the market value of the real property interest to be used;  and
(2)  if a portion of the railroad's right-of-way is taken, damages, if any, to the railroad's remaining property.
(c)  The railroad may also recover:
(1)  reasonable costs and expenses for interference with railroad operations, including internal costs for providing flagging services;  and
(2)  reasonable costs and expenses to repair any damage to its facilities caused by the maintenance, operation, or upgrade of the preexisting utility, common carrier, cable operator, or energy transporter facilities.
(d)  The payment by the utility, common carrier, cable operator, or energy transporter determined under this section is the only compensation due to the railroad for the perpetual use of the interest obtained.
Added by Acts 2003, 78th Leg., ch. 1087, Sec. 2, eff. Sept. 1, 2003.