LEGISLATIVE BUDGET BOARD
                          Austin, Texas

                           FISCAL NOTE
                       74th Regular Session

                          April 17, 1995



 TO:     Honorable Don Henderson, Chair         IN RE:  Senate Bill No. 842
         Committee on Jurisprudence                     By: Turner, Jim
         Senate
         Austin, Texas






FROM: John Keel, Director

In response to your request for a Fiscal Note on Senate Bill No.
842 (relating to the preservation of property rights in
condemnation proceedings and uniformity in assessment of market
value) this office has determined the following:

The bill would require an assessment to be made where equitable,
for special benefit,  if any, conferred on an adjoining  property
by new construction or improvement of any street..  The
determination of special benefit would be measured by the
increase, if any, of the market value of adjoining property
caused by the new construction or improvement and offset by any
special damage caused by the new construction or improvement. 
The market value estimation would be made only after considering
every factor that affects the adjoining property's market value
that would be considered in the marketplace including, but not
limited to, any affect the new construction or improvement may
have on the access to and from and visibility of the adjoining
property and the use and enjoyment of the property during the
construction and after its completion.

The fiscal implication to the State or units of local government
cannot be determined due to insufficient information regarding
the amount of market value loss or gain or the number of parcels
of property which may be affected.





Source:    




          LBB Staff: JK, BR