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 * * * * *