1-1 By: Henderson S.B. No. 899 1-2 (In the Senate - Filed March 2, 1995; March 6, 1995, read 1-3 first time and referred to Committee on Jurisprudence; 1-4 April 4, 1995, reported favorably by the following vote: Yeas 6, 1-5 Nays 0; April 4, 1995, sent to printer.) 1-6 A BILL TO BE ENTITLED 1-7 AN ACT 1-8 relating to preservation of property rights and the valuation of 1-9 condemned property. 1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-11 SECTION 1. Subsection (b), Section 21.042, Property Code, is 1-12 amended to read as follows: 1-13 (b) If a part of or an entire tract or parcel of real 1-14 property is condemned, the damage to the property owner is the 1-15 local market value of the property at the time of the special 1-16 commissioners' hearing or the property owner may elect to establish 1-17 an earlier date of valuation and taking by proving (1) that the 1-18 condemning authority manifested publicly the intention to take the 1-19 property at such earlier date; (2) that the market value of the 1-20 landowner's property at that time was higher than the date of 1-21 valuation used by the condemnor; and (3) that said public 1-22 manifestation by the condemning authority adversely affected the 1-23 value of the real property in question. 1-24 SECTION 2. This Act takes effect September 1, 1995. 1-25 SECTION 3. The importance of this legislation and the 1-26 crowded condition of the calendars in both houses create an 1-27 emergency and an imperative public necessity that the 1-28 constitutional rule requiring bills to be read on three several 1-29 days in each house be suspended, and this rule is hereby suspended. 1-30 * * * * *