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.