Tex. Codes » Transportation Code · TITLE 5. RAILROADS · SUBTITLE C. RAILROADS GENERALLY · CHAPTER 112. POWERS AND DUTIES OF RAILROADS
Texas Codes

Tex. Transp. Code § 112.002 (2026)

General Rights Of Railroads

✓ current as of May 2026
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Sec. 112.002. GENERAL RIGHTS OF RAILROADS. (a) A railroad company has the right to succession.

(b) A railroad company may:

(1) sue, be sued, plead, and be impleaded in its corporate name;

(2) have and use a seal and alter the seal at will;

(3) receive and convey persons and property on its railway by any mechanical power, including the use of steam;

(4) regulate the time and manner in which, and the compensation for which, passengers and property are transported, subject to the provisions of law;

(5) exercise the power of eminent domain for the purposes prescribed by this subtitle or Subtitle D;

(6) purchase, hold, and use all property as necessary for the construction and use of its railway, stations, and other accommodations necessary to accomplish company objectives, and convey that property when no longer required for railway use; and

(7) take, hold, and use property granted to the company to aid in the construction and use of its railway, and convey that property in a manner consistent with the terms of the grant when the property is no longer required for railway use.

Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.03, eff. April 1, 2011.

Notes of Decisions
Cited in 2 cases (2 in the last 5 years), 2022–2026 · leading case: James Fredrick Miles v. Texas Cent. R.R. & Infrastructure, Inc. & Integrated Texas Logistics, Inc. (Tex. 2022).
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James Fredrick Miles v. Texas Cent. R.R. & Infrastructure, Inc. & Integrated Texas Logistics, Inc. (Tex. 2022). “” TEX. TRANSP. CODE §§ 112.002(b)(5), .051(a).”
The State of Texas & Kyle Madsen in His Off. Capacity as Dir. of Right of Way v. Jrj Pusok Holdings, LLC (Tex. 2026). “, TEX. TRANSP. CODE § 112.002(b)(5). When these private entities acquire property through eminent domain and later abandon the public use, Section 21 grants former landowners a right to sue, and the condemnors cannot invoke sovereign immunity.”
— Tex. Transp. Code § 112.002(b)(5) — 2 cases
James Fredrick Miles v. Texas Cent. R.R. & Infrastructure, Inc. & Integrated Texas Logistics, Inc. (Tex. 2022). “” TEX. TRANSP. CODE §§ 112.002(b)(5), .051(a).”
The State of Texas & Kyle Madsen in His Off. Capacity as Dir. of Right of Way v. Jrj Pusok Holdings, LLC (Tex. 2026). “, TEX. TRANSP. CODE § 112.002(b)(5). When these private entities acquire property through eminent domain and later abandon the public use, Section 21 grants former landowners a right to sue, and the condemnors cannot invoke sovereign immunity.”
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