Texas Transportation Code 131.902 – Freight Interurban Railways
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(a) An entity incorporated as an electric, gas or gasoline, denatured alcohol, or naphtha interurban or motor railway that engages in transporting freight is subject to the control of the department.
(b) A corporation described by Subsection (a) is not exempt from payment of assessments that may be imposed against it for street improvements.
Terms Used In Texas Transportation Code 131.902
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Property: means real and personal property. See Texas Government Code 311.005
(c) An interurban railway described by Subsection (a):
(1) may exercise the same power of eminent domain as given by law to railroads;
(2) may exercise the power of eminent domain to acquire right-of-way on which to construct its railway lines and sites for depots and power plants;
(3) has the same rights, powers, and privileges as granted by law to an interurban electric railway company; and
(4) may acquire, hold, and operate other public utilities in and adjacent to a municipality in or through which the company operates.
(d) An interurban railway company described by Subsection (a) may not condemn property on which is located a cemetery unless it is affirmatively shown, and found by the court trying the condemnation suit, that:
(1) it is necessary to take the property; and
(2) no other route is possible or practicable.