By Armbrister S.B. No. 383
74R3447 PAM-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to granting the owner of landlocked property the right to
1-3 an access easement under certain circumstances.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Title 4, Property Code, is amended by adding
1-6 Chapter 29 to read as follows:
1-7 CHAPTER 29. ACCESS EASEMENT TO LANDLOCKED TRACT
1-8 Sec. 29.001. DEFINITIONS. In this chapter:
1-9 (1) "Adjoining tract" means a tract of land that
1-10 shares a common boundary with a landlocked tract.
1-11 (2) "Landlocked owner" means the person holding title
1-12 to a landlocked tract.
1-13 (3) "Landlocked tract" means a tract of land for which
1-14 the owner does not have a means of access through:
1-15 (A) a public road; or
1-16 (B) an easement appurtenant to the landlocked
1-17 tract.
1-18 Sec. 29.002. RIGHT TO IMPOSE ACCESS EASEMENT. (a) A
1-19 landlocked owner may condemn a portion of real property, not more
1-20 than 20 feet in width, on one adjoining tract to acquire a
1-21 nonexclusive access easement for the purpose of reasonable ingress
1-22 to and egress from the landlocked tract.
1-23 (b) A condemnation proceeding under this chapter is subject
1-24 to Chapter 21, and the landlocked owner must file a petition in the
2-1 same manner as provided by that chapter.
2-2 Sec. 29.003. ROUTE OF EASEMENT. The access easement route
2-3 must be the shortest route to the landlocked tract that:
2-4 (1) causes the least amount of damage to the adjoining
2-5 tract; and
2-6 (2) is located the greatest reasonable distance from
2-7 the primary residence and related improvements located on the
2-8 adjoining tract.
2-9 Sec. 29.004. MAINTENANCE OF EASEMENT. The landlocked owner
2-10 who condemns an access easement under this chapter shall maintain
2-11 the easement and keep the easement open for public use.
2-12 SECTION 2. This Act takes effect on the date the
2-13 constitutional amendment proposed by the 74th Legislature, Regular
2-14 Session, 1995, providing that the taking of property to provide an
2-15 access easement to land that does not have a means of access
2-16 constitutes and serves a public use and purpose, takes effect. If
2-17 that proposed constitutional amendment is not approved, this Act
2-18 has no effect.
2-19 SECTION 3. The importance of this legislation and the
2-20 crowded condition of the calendars in both houses create an
2-21 emergency and an imperative public necessity that the
2-22 constitutional rule requiring bills to be read on three several
2-23 days in each house be suspended, and this rule is hereby suspended.