VERNON'S TEXAS CIVIL STATUTES
CHAPTER 6. RIGHT OF WAY
Art. 6316. [6481] [4422] [4166] Right to construct
Any railroad corporation shall have the right to construct and
operate a railroad between any points within this State, and to
connect at the State line with railroads of other States.
Const. art. 10, sec. 1.
Art. 6316a. Right to construct spur tracks
Every railroad company owning, leasing or operating a line of
railroad in this State shall have authority and power to construct
and operate spur or industrial tracks designed to reach or serve
industries or industrial enterprises, such as mills, mines, rock
quarries, rock deposits, gravel pits, gravel deposits, smelters,
warehouses and other manufacturing or industrial enterprises, over
which regular scheduled passenger or freight service will not be
performed and for transportation over which only a switching
charge, if any, will be made, together with all necessary side
tracks and subsidiary or accessory spur tracks, and shall have
power and authority under the General Laws of this State relating to
railroads to condemn property for rights of way for any and all such
tracks hereby authorized.
Inserted by compiler from Acts 1925, 39th Leg., ch. 73, p. 230, Sec.
1.
Art. 6317. [6482] [4423] [4167] Right of way over public lands
Every such corporation shall have the right of way for its line of
road through and over any lands belonging to this State, and to use
any earth, timber, stone or other material upon any such land
necessary to the construction and operation of its road through or
over said land.
Art. 6318. [6483] [4424] [4168] Lineal survey
Every railroad corporation shall have the right to cause such
examination and survey for its proposed railway to be made as may be
necessary to the selection of the most advantageous route, and for
such purpose may enter upon the lands or waters of any person or
corporation, but subject to responsibility for all damages that may
be occasioned thereby.
Acts 1876, p. 147; G.L. vol. 8, p. 983.
Art. 6319. [6484] [4425] [4169] Width of road
Such corporation shall have the right to lay out its road not
exceeding two hundred feet in width, and to construct the same; and
for the purpose of cuttings and embankments to take as much more
land as may be necessary for the proper construction and security of
its railway, and to cut down any standing trees that may be in
danger of falling upon or obstructing the railway, making
compensation as provided by law.
Acts 1876, p.147; G.L. vol. 8, p. 983.
Art. 6320. [6485] [4426] [4170] Streams of water
Such corporation shall have the right to construct its road across,
along, or upon any stream of water, water course, street, highway,
plank road, turnpike, or canal when the route of said railway shall
intersect or touch; but such corporation shall restore the stream,
water course, street, highway, plank road, turnpike, or canal thus
intersected or touched, to its former state, or to such state as not
to unnecessarily impair its usefulness, and shall keep such
crossing in repair.
Art. 6321. [6486-87] Crossings
All railway corporations in this State, which have or may fence
their right of way, may be required to make openings or crossings
through their fence and over their roadbed along their right of way
every one and one-half miles thereof. If such fence shall divide
any inclosure, at least one opening shall be made in said fence
within such inclosure. Such crossings shall not be less than thirty
feet in width, and shall be made and kept in such condition as to
admit of the free and easy passage of vehicles and domesticated
animals.
Acts 1887, p. 39; G.L. vol. 9, p. 837.
Art. 6322. [6488-89] Where made
Such crossings shall be made at such times and places as may be
demanded by any two or more citizens of the State who either live or
own land within five miles of the place where such crossings may be
demanded. Such demand shall be made in writing, of the nearest
local agent of such railway company to the place where such crossing
or crossings are demanded, and shall state when and where such
crossing is desired.
Acts 1887, p. 39; G.L. vol. 9, p. 837.
Art. 6323. [6490] [4431] Thirty days for completion
No railway company shall be required to complete such crossing as
may be demanded under this chapter in a shorter time than thirty
days from the day on which such demand is first made, nor shall they
be required to make any crossings, where they have already left such
crossings, in each one and one-half miles of their road, except
inside of inclosures, as provided in Article 6321.
Acts 1887, p. 39;G.L. vol. 9, p. 837.
Art. 6324. [6491] [4432] Distance from place
Any railway company, upon such demand, shall be deemed to have
complied therewith upon making such crossings within four hundred
yards of the place where they are demanded, within the time herein
allowed.
Acts 1887, p. 39; G.L. vol. 9, p. 837.
Art. 6325. [6492] [4433] Failure, etc.
Whenever any railroad company shall fail or refuse to comply with
the requirements of this chapter, after demand is made in
accordance therewith, such railway company shall pay to each person
who made such demand the sum of five hundred dollars for each month
they shall so fail or refuse to comply with such demand, the same to
be recovered by suit.
Acts 1887, p. 39; G.L. vol. 9, p. 837.
Art. 6326. [6493] [4434] Intersections
Nothing in this chapter shall be construed to affect the law
requiring railroad companies to provide proper crossings at
intersection of all roads and streets.
Acts 1887, p. 39; G.L. vol. 9, p. 837.
Art. 6327. [367-6494] Crossings of public roads
Every railroad company in this State shall place and keep that
portion of its roadbed and right of way, over or across which any
public county road may run, in proper condition for the use of the
traveling public, and in case of its failure to do so for thirty
days after written notice given to the section boss of the section
where such work or repairs are needed by the overseer of such public
road, it shall be liable to a penalty of ten dollars for each week
such railroad company may fail or neglect to comply with the
requirements of this article. Such penalty shall go to the road and
bridge fund of the county in which the suit is brought; and the
county attorney, upon the making of an affidavit of the facts by any
person, shall at once institute against the company violating any
provision of this article suit in the proper court to recover such
penalty or penalties, and his wilful failure or refusal to do so
shall be sufficient cause for his removal from office, unless it is
evident that such suit could not have been maintained. The
proceedings under this article shall be conducted in the same
manner as civil suits. The county attorney attending to such suits
shall be entitled to a fee in each case of ten dollars, to be taxed
as costs; provided, that when two or more penalties are sought to
be recovered in the same suit, but one such fee shall be allowed.
Such suits shall be conducted in the name of the county, and if the
county be cast in the suit no costs shall be charged against it.
Acts 1885, p. 45; G.L. vol. 9, p. 665.
Art. 6328. [6495] [4436] [4471] Culverts or sluices
In no case shall any railroad company construct a roadbed without
first constructing the necessary culverts or sluices as the natural
lay of the land requires, for the necessary draining thereof.
Acts 1876, p. 147; G.L. vol. 8, p. 983.
Art. 6329. [6496] [4437] [4172] Navigable waters
This chapter shall not be construed to authorize the erection of any
bridge or any other obstruction across or over any stream or water
navigable by steamboats or sail vessels at the place where any
bridge or other obstruction may be proposed to be placed so as to
prevent the navigation of such stream or water.
Acts 1876, p. 147; G.L. vol. 8, p. 983.
Art. 6330. [6497] [4438] [4173] Streets, etc.
This chapter shall not be construed to authorize the construction
of any railroad upon or across any street, alley, square or highway
of any incorporated city or town without assent of the governing
body of said city or town.
Acts 1876, p. 147; G.L. vol. 8, p. 983.
Art. 6331. [6498] [4439] [4174] Other cases
In case of the construction of any railway along the highways, plank
roads, turnpikes, or canals, such railroad corporation shall either
first obtain the consent of the lawful authorities having control
or jurisdiction of the same or condemn the same under the provisions
of law.
Acts 1876, p. 147; G.L. vol. 8, p. 983.
Art. 6332. [6499] [4440] [4175] May cross other railways
Such corporation shall have the right to cross, intersect, join and
unite its railway with any other railway before constructed at any
point on its route and upon the grounds of such other railway
corporation, with the necessary turnouts, sidings and switches, and
other conveniences in furtherance of the objects of its connection.
Acts 1876, p. 147; G.L. vol. 8, p. 983.
Art. 6333. [6500-1] Intersections
Every corporation whose railway is or shall be intersected by any
new railway shall unite with the corporation owning such railway in
forming intersections and connections and grant to such new railway
facilities therefor. If the corporations cannot agree upon the
amount of compensation for any such crossings, intersection or
connection, or the points and manner of the same, their differences
shall be adjusted in the manner provided by law.
Acts 1876, p. 147; G.L. vol. 8, p.983.
Art. 6334. [6502] [4443] [4178] May take material
Any railroad corporation may enter upon and take from any land
adjacent to its road, earth, gravel, stone or other materials,
except fuel and wood, necessary for the construction of its
railway, paying, if the owner of such land and the corporation can
agree thereto, the value of such material taken and the amount of
damages occasioned to any such land or appurtenances, and, if such
owner and corporation cannot agree, then the value of such material
and the damages occasioned to such real estate may be ascertained,
determined and paid in the manner provided by law.
Acts 1876, p. 147; G.L. vol. 8, p. 983.
Art. 6335. [6503] [4444] [4179] Value and damages to be paid
The value of such material and the damages to such real estate shall
in all cases be ascertained, determined and paid before such
corporation can enter upon and take such material.
Acts 1876, p. 147; G.L. vol. 8, p. 983.
Art. 6336. [6504] [4445] [4180] When corporation and owner disagree
If any railroad corporation shall at any time be unable to agree
with the owner for the purchase of any real estate, or material
thereon, required for the purpose of its incorporation or the
transaction of its business, for its depots, station buildings,
machine and repair shops, for the construction of reservoirs for
the water supply, or for the right of way, or for a new or additional
right of way, for change, or relocation or road bed, to shorten the
line, or any part thereof, or to reduce its grades, or any of them,
or for double tracking its railroad or constructing and operating
its tracks, which is hereby authorized and permitted, or for any
other lawful purpose connected with or necessary to the building,
operating or running its road, such corporation may acquire such
property by condemnation thereof. The limitation in width
prescribed by Article 6319 shall not apply to real estate or any
interest therein, required for the purposes herein mentioned, other
than right of way, and shall not apply to right of way when
necessary for double tracking or constructing or adding additional
railroad tracks, and real estate, or any interest therein, to be
acquired for such other purposes, or any of them, need not adjoin or
abut on the right way, and no change of the line through any city or
town, or which shall result in the abandonment of any station or
depot, shall be made, except upon written order of the Railroad
Commission of Texas, authorizing such change. No railroad
corporation shall have the right under this law to condemn any land
for the purposes mentioned in this article situated more than two
miles from the right of way of such railroad corporation.
Acts 1876, p. 147; G.L. vol. 8, p. 983. Acts 1901, p. 46; Acts
1919, p. 280.
Art. 6337. [6505] [4446] [4181] Entry only for survey
No railroad company shall enter upon, except for a lineal survey,
any real estate whatever, the same being private property, for the
purpose of taking and condemning the same, or any material thereon,
for any purpose whatever, until the said company shall agree with
and pay the owner thereof all damages that may be caused to the
lands and property of said owner by the condemnation of said real
estate and property, and by the construction of such road.
P.D. 4922.
Art. 6338. [6531] [4472] Practice in case specified
When any railroad company is sued for any property occupied by it
for railroad purposes, or for damages thereto, the court in which
such suit is pending may determine all matters in dispute between
the parties, including the condemnation of the property, upon
petition or cross bill, asking such remedy by defendant, but the
plea for condemnation shall be an admission of the plaintiff's
title to such property.
Acts 1889, p. 18; G.L. vol. 9, p. 1046.
Art. 6339. [6532] [4473] [4206] Right of way construed
The right of way secured by condemnation to any railway company in
this State shall not be construed to include the fee simple estate
in lands, either public or private, nor shall the same be lost by
forfeiture or expiration of the charter, but shall remain subject
to an extension of the charter or the grant of a new charter over the
same way without a new condemnation.
Acts 1861, p. 12; G.L. vol. 5, p. 348.
Art. 6340. [6533] [4474] [4207] Right of way reserved
The right of way is hereby reserved to any railroad company
incorporated by the laws of this State, to the extent of one hundred
feet on each side of said road, or roads that cross over or extend
through any lands granted, or that may be granted to any railroad
company by the Legislature, with the right to take from the lands so
granted such stone, timber and earth as such road may need in the
construction of its line of road.
