CONSTRUCTION AND MAINTENANCE OF UTILITY, COMMON CARRIER, CABLE OPERATOR, AND ENERGY TRANSPORTER FACILITIES

(a) A utility, common carrier, cable operator, or energy transporter may acquire an easement by eminent domain along, over, under, or across a railroad or railroad right-of-way as provided by this subchapter to maintain, operate, or upgrade its facilities consistent with preexisting licenses or agreements. (b) A utility, common carrier, cable operator, or energy transporter: (1) shall provide notice to the railroad within a reasonable period of any proposed activity relating to the construction, maintenance, or operation of the facilities; and (2) may not unreasonably interfere with railroad operations. (c) Absent terms to the contrary in an easement acquired by condemnation under this subchapter, existing license, or agreement, a railroad may require a utility, common carrier, cable operator, or energy transporter to relocate any portion of a facility that is located in the railroad right-of-way that is not in the public right-of-way if: (1) a reasonable alternate route is available; (2) a reasonable amount of time is provided; (3) substantial interference with the railroad operations is established; and (4) the railroad reimburses the utility, common carrier, cable operator, or energy transporter for the reasonable cost of relocation.