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.