By Swinford H.B. No. 1125
77R12350 DWS-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to transfer of certain railroad right-of-way.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Title 112, Revised Statutes, is amended by adding
1-5 Article 6349a to read as follows:
1-6 Art. 6349a. PURCHASE OF RIGHT-OF-WAY. (a) Except as
1-7 provided by Subsection (d), a railroad company that intends to
1-8 abandon or offer for sale any of the railroad company's
1-9 right-of-way shall give any person who has constructed a building
1-10 or other structure, installed equipment, or made any other type of
1-11 leasehold improvement on railroad right-of-way of the company or
1-12 adjoining railroad property the right of first refusal to purchase,
1-13 at the fair market value of the land as determined by an
1-14 independent appraiser, the right-of-way or adjoining property where
1-15 the structure, equipment, or other improvement is located.
1-16 (b) The land subject to purchase under this article is that
1-17 which is necessary for unrestricted use of the structure,
1-18 equipment, or other leasehold improvement.
1-19 (c) Ownership of the structure, equipment, or other
1-20 leasehold improvement shall be transferred at no cost to a person
1-21 buying the land under Subsection (a) of this article.
1-22 (d) If the state has authority to acquire property described
1-23 by Subsection (a), the state shall be given right of first refusal
1-24 to acquire the property and the person described by Subsection (a)
2-1 shall be given the next right of refusal after the state.
2-2 SECTION 2. This Act takes effect September 1, 2001.