(a) A right-of-way that a railway company in this state acquires by condemnation does not include a fee simple estate in public or private land.
(b) A right-of-way that a railway company acquires by condemnation is not lost on forfeiture or expiration of the railway company’s charter. The right-of-way remains subject to an extension of the charter or the grant of a new charter, and a new condemnation of the way is not required.

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Terms Used In Texas Transportation Code 112.055

  • Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.