(a) The term rail facility, when used in this subchapter, shall have the definition as set forth in Transportation Code, §91.001. Except as otherwise provided herein, the department will comply with policies and procedures prescribed in 43 TAC Chapter 21, Subchapters A (relating to Land Acquisition Procedures), D (relating to Expenses Incidental to Transfer of Title To State), and G (relating to Relocation Assistance and Benefits) of this title in the acquisition of right-of-way, a property right or other interest in real property for the acquisition, construction, maintenance or operation of rail facilities. For the purposes of this subsection, references in the above subchapters to highway, road and roadway are considered references to railroad right-of-way and rail facilities. For all rail facilities, right-of-way is acquired with access between abutting properties and the rail facility permitted or denied in accordance with the approved design of the projects.
(b) The department may purchase real property along alternative potential routes for a rail facility if the commission has authorized such an acquisition and the district engineer determines that:
  (1) the property to be acquired is or may possibly be used in connection with the rail facility;
  (2) the size and location of the property is reasonably related to the possible future design and alignment of the rail facility; and
  (3) the acquisition along alternative potential routes may be economically beneficial to the department by preserving undeveloped or underdeveloped property for a new rail corridor.
(c) Right-of-way, a property right or other interest in real property for a rail facility may be acquired directly by other public or private entities under contract with the department in accordance with Transportation Code, §91.052, §91.054, and §91.075, including the use of comprehensive development agreements and pass-through fare agreements. These entities are in addition to those listed in §21.1 of this title that are otherwise authorized by law to acquire right-of-way for rail facilities.

Source Note: The provisions of this §21.801 adopted to be effective February 16, 2006, 31 TexReg 886