LEGISLATIVE BUDGET BOARD
Austin, Texas
FISCAL NOTE
74th Regular Session
April 17, 1995
TO: Honorable Robert M. Saunders, Chair IN RE: House Bill No. 1357
Committee on Land and Resource By: Alexander
Management
House of Representatives
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