Limitations on Use of Eminent Domain
The general rule is that the power of eminent domain cannot be used against an operating railroad. If a railroad company refuses to cooperate in the acquisition of property that is currently being used for railroad purposes, TxDOT cannot condemn the property until an order of abandonment had been issued by the STB. No condemnation proceeding can be instituted until such order has been issued. Once the order has been issued and the railroad company refuses to accept the offered compensation, condemnation can proceed according to normal policies and procedures.