LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE 74th Regular Session May 6, 1995 TO: Honorable Robert M. Saunders, Chair IN RE: Committee Substitute Committee on Land and Resource forHouse Bill Management No. 1357 House of Representatives By: Alexander Austin, Texas FROM: John Keel, Director In response to your request for a Fiscal Note on House Bill No. 1357 (Relating to the assessment of damages, costs, and attorney's fees in an eminent domain proceeding.) this office has determined the following: The bill would make no appropriation but could provide the legal basis for an appropriation of funds to implement the provisions of the bill. The bill provides that if an entire tract or parcel of real property is condemned, the damage to the property owner is the greater of the local market value at the time of the special Commissioner's hearing or seventy-percent of the appraised value of the property as determined under the laws governing appraisal methods and procedures. The bill also provides that the condemnor must pay the property owner's attorney's fees if the Commissioners award greater damages than the condemnor offered to pay before the proceedings began. The probable fiscal implication of implementing the provisions of the bill during each of the first five years following passage is estimated as follows: Fiscal Probable Cost Out Year of State Highway Fund 006 1996 $5,000,000 1997 5,000,000 1998 5,000,000 1999 5,000,000 2000 5,000,000 Similar annual fiscal implications would continue as long as the provisions of the bill are in effect. The fiscal implication to units of local government cannot be determined. Source: Office of the Attorney General, Department of Transportation LBB Staff: JK, ML, DF