1-1 By: Turner S.B. No. 842
1-2 (In the Senate - Filed March 1, 1995; March 2, 1995, read
1-3 first time and referred to Committee on State Affairs; April 11,
1-4 1995, rereferred to Committee on Jurisprudence; May 3, 1995,
1-5 reported adversely, with favorable Committee Substitute by the
1-6 following vote: Yeas 6, Nays 0; May 3, 1995, sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 842 By: Turner
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to the preservation of property rights in condemnation
1-11 proceedings and uniformity in assessment of market value.
1-12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13 SECTION 1. Section 6, Chapter 106, Acts of the 40th
1-14 Legislature, 1st Called Session, 1927 (Article 1105b, Vernon's
1-15 Texas Civil Statutes), is amended by adding Subsection (e) to read
1-16 as follows:
1-17 (e) An assessment shall be made where equitable for the
1-18 special benefit, if any, conferred on an adjoining property by the
1-19 new construction or improvement of any street. The determination
1-20 of special benefit shall be measured by the increase, if any, of
1-21 the market value of the adjoining property caused by the new
1-22 construction or improvement and offset by any special damage caused
1-23 by the new construction or improvement. The market value
1-24 estimation shall be made only after considering every factor that
1-25 affects the adjoining property's market value that would be
1-26 considered in the marketplace including, but not limited to, any
1-27 effect the new construction or improvement may have on the access
1-28 to and from and visibility of the adjoining property and the use
1-29 and enjoyment of the property during the construction and after its
1-30 completion.
1-31 SECTION 2. Article 1209, Revised Statutes, is amended to
1-32 read as follows:
1-33 Art. 1209. Assessments. (a) Whenever the governing body
1-34 shall order the making of any improvement herein referred to, it
1-35 may then or thereafter at any time provide by resolution that all
1-36 or part of the costs thereof, as defined in the third article of
1-37 this chapter, shall be assessed against said property abutting said
1-38 proposed improvement, or in the vicinity thereof, and the owners
1-39 thereof specially benefited thereby, together with reasonable
1-40 attorney's fees and all costs incurred in the collection of said
1-41 assessments, and shall have power to apportion the same among the
1-42 owners of said property, and may designate the property proposed to
1-43 be assessed, or the district within which property will be
1-44 benefited and within which assessments may be made, provided no
1-45 assessment shall be made against any property, or its owner, in
1-46 excess of the special benefits thereto in the enhanced value
1-47 thereof from said improvement. No assessments shall be made
1-48 against any property exempt from execution, but the owner shall be
1-49 personally liable and assessed therefor.
1-50 (b) An assessment shall be made where equitable for the
1-51 special benefit, if any, conferred on an adjoining property by the
1-52 new construction or improvement of any street. The determination
1-53 of special benefit shall be measured by the increase, if any, of
1-54 the market value of the adjoining property caused by the new
1-55 construction or improvement and offset by any special damage caused
1-56 by the new construction or improvement. The market value
1-57 estimation shall be made only after considering every factor that
1-58 affects the adjoining property's market value that would be
1-59 considered in the marketplace including, but not limited to, any
1-60 effect the new construction or improvement may have on the access
1-61 to and from the adjoining property, the visibility of the property,
1-62 and the use and enjoyment of the property during the construction
1-63 and after its completion.
1-64 SECTION 3. Section 21.041, Property Code, is amended to read
1-65 as follows:
1-66 Sec. 21.041. Evidence. In estimating <As> the compensation
1-67 to which <basis for assessing actual damages to> a property owner
1-68 is entitled in <from> a condemnation proceeding, <the special
2-1 commissioners shall admit> evidence shall be admitted from the
2-2 condemnor and the property owner on:
2-3 (1) the market value of the property being taken,
2-4 considering all characteristics that affect the property's market
2-5 value, including but not limited to the property's location and
2-6 visibility and access to and from the property <condemned>;
2-7 (2) the decrease, if any, in the market value of
2-8 <injury to> the property owner's remaining property caused by part
2-9 or all of the condemnor's project for which, in part, the
2-10 condemnation was instituted, considering any special damages caused
2-11 by the condemnor's project, including but not limited to any change
2-12 in the property's location and visibility and access to and from
2-13 the property <owner>;
2-14 (3) the increase, if any, in the market value of
2-15 <benefit to> the property owner's remaining property caused by part
2-16 or all of the condemnor's project as an offset to any remainder
2-17 damages that may be caused by part or all of the same project,
2-18 considering any special benefits that result from the condemnor's
2-19 project, including but not limited to any change in the property's
2-20 location and visibility and access to and from the property<; and>
2-21 <(4) the use of the property for the purpose of the
2-22 condemnation>.
2-23 SECTION 4. Subsections (a), (c), and (d), Section 21.042,
2-24 Property Code, are amended to read as follows:
2-25 (a) The special commissioners shall assess damages in a
2-26 condemnation proceeding according to the evidence presented at the
2-27 hearing and shall consider all characteristics that affect a
2-28 property's market value as set forth in Section 23.01, Tax Code,
2-29 and Chapter 106, Acts of the 40th Legislature, 1st Called Session,
2-30 1927 (Article 1105b, Vernon's Texas Civil Statutes), and Article
2-31 1209, Revised Statutes.
2-32 (c) If a portion of a tract or parcel of real property is
2-33 condemned, the special commissioners shall determine the damage to
2-34 the property owner after estimating the extent of the injury and
2-35 benefit to the property owner, including the effect of the
2-36 condemnation and the construction and operation of the entire
2-37 project for which, in part, the condemnation was instituted, on the
2-38 market value of the property owner's remaining property.
2-39 (d) In estimating injury or benefit under Subsection (c),
2-40 the special commissioners shall consider an injury or benefit that
2-41 is peculiar to the property owner and that relates to the property
2-42 owner's ownership, use, or enjoyment of the particular parcel of
2-43 real property, and <but> they shall <may> not consider those
2-44 injuries <an injury> or benefits that are sustained or enjoyed
2-45 <benefit that the property owner experiences> in similar degree by
2-46 all private property in <common with> the general community.
2-47 SECTION 5. This Act takes effect September 1, 1995.
2-48 SECTION 6. The importance of this legislation and the
2-49 crowded condition of the calendars in both houses create an
2-50 emergency and an imperative public necessity that the
2-51 constitutional rule requiring bills to be read on three several
2-52 days in each house be suspended, and this rule is hereby suspended.
2-53 * * * * *