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A BILL TO BE ENTITLED
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AN ACT
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relating to the expenses and fees awarded to a property owner in |
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certain eminent domain proceedings. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 21.047(a) and (d), Property Code, are |
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amended to read as follows: |
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(a) Special commissioners may adjudge the costs of an |
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eminent domain proceeding against any party. If the commissioners |
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award greater damages than the condemnor offered to pay before the |
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proceedings began or if the decision of the commissioners is |
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appealed and a court awards greater damages than the commissioners |
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awarded, the condemnor shall pay all costs, expenses, and fees |
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incurred by the property owner. If the commissioners' award or the |
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court's determination of the damages is less than or equal to the |
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amount the condemnor offered before proceedings began, the property |
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owner shall pay the costs. |
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(d) If a court hearing a suit under this chapter determines |
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that a condemnor did not make a bona fide offer to acquire the |
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property from the property owner voluntarily as required by Section |
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21.0113, the court shall abate the suit, order the condemnor to make |
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a bona fide offer, and order the condemnor to pay: |
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(1) all costs, expenses, and fees incurred by the |
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property owner as provided by Subsection (a); and |
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(2) any reasonable attorney's fees and other |
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professional fees incurred by the property owner that are directly |
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related to the violation. |
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SECTION 2. Section 21.047, Property Code, as amended by |
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this Act, applies only to an eminent domain proceeding commenced on |
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or after the effective date of this Act. An eminent domain |
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proceeding commenced before the effective date of this Act is |
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governed by the law applicable to the proceeding immediately before |
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the effective date of this Act, and that law is continued in effect |
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for that purpose. |
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SECTION 3. This Act takes effect September 1, 2023. |