Restriction On Use of Eminent Domain

Tex. Transportation Code § 455.003, under Powers and Duties of Department of Transportation Regarding Mass Transportation.

Tex. Transportation Code § 455.003

Sec. 455.003. RESTRICTION ON USE OF EMINENT DOMAIN. The Texas Department of Transportation may not use eminent domain for a purpose under this chapter in a way that: (1) unduly interferes with interstate commerce; or (2) establishes a right to operate a vehicle on a railroad track used to transport property. Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.