By Alexander H.B. No. 1357
74R2111 PAM-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the assessment of damages, costs, and attorney's fees
1-3 in an eminent domain proceeding.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 21.042(b), Property Code, is amended to
1-6 read as follows:
1-7 (b) If an entire tract or parcel of real property is
1-8 condemned, the damage to the property owner is the greater of:
1-9 (1) the local market value of the property at the time
1-10 of the special commissioners' hearing; or
1-11 (2) 70 percent of the appraised value of the property
1-12 as determined under Chapter 23, Tax Code.
1-13 SECTION 2. Section 21.047, Property Code, is amended to read
1-14 as follows:
1-15 Sec. 21.047. Assessment of Costs and Fees. (a) Special
1-16 commissioners may adjudge the costs of an eminent domain proceeding
1-17 against any party. If the commissioners award greater damages than
1-18 the condemnor offered to pay before the proceedings began or if the
1-19 decision of the commissioners is appealed and a court awards
1-20 greater damages than the commissioners awarded, the condemnor shall
1-21 pay all costs and the property owner's attorney's fees. If the
1-22 commissioners' award or the court's determination of the damages is
1-23 less than or equal to the amount the condemnor offered before
1-24 proceedings began, the property owner shall pay the costs.
2-1 (b) A condemnor shall pay the initial cost of serving a
2-2 property owner with notice of a condemnation proceeding. If the
2-3 property owner is ordered to pay the costs of the proceeding, the
2-4 condemnor may recover the expense of notice from the property owner
2-5 as part of the costs.
2-6 (c) A court that has jurisdiction of an eminent domain
2-7 proceeding may tax $10 or more as a reasonable fee for each special
2-8 commissioner as part of the court costs of the proceeding.
2-9 SECTION 3. This Act applies only to condemnation proceedings
2-10 that begin on or after the effective date of this Act. A
2-11 condemnation proceeding that began before the effective date of
2-12 this Act is covered by the law in effect when the condemnation
2-13 proceeding began, and the former law is continued in effect for
2-14 those purposes.
2-15 SECTION 4. The importance of this legislation and the
2-16 crowded condition of the calendars in both houses create an
2-17 emergency and an imperative public necessity that the
2-18 constitutional rule requiring bills to be read on three several
2-19 days in each house be suspended, and this rule is hereby suspended.