There are instances when TxDOT has determined the necessity to acquire ROW that is currently being used by an active or operating railroad. This is a situation where there has been no order of abandonment by the STB and the railroad company is using the property for railroad purposes. In this instance it is extremely difficult to acquire any interest in the property without cooperation from the railroad company. When TxDOT and a railroad company desire the same property for different purposes, a determination must be made as to the paramount public interest to which the property should be put. Without agreement between the agencies the matter must be resolved in court. Usually the current use of the property would be considered a paramount use. Thus, it is very difficult to change the use from railroad to ROW purposes without consent of the railroad company. In these instances TxDOT should pursue an appropriate Joint Use Agreement with the railroad company. The uses of such agreements are set forth in .