SRC-AAA S.B. 448 75(R)    BILL ANALYSIS


Senate Research CenterS.B. 448
By: Madla
Jurisprudence
2-13-97
As Filed


DIGEST 

Currently, there are incidents whereby a government entity condemns
private property and fails to exercise due diligence in giving notice to
the property owner and therefore fails to compensate the landowner.   In
certain cases the landowner learns about the condemnation after the
statute of limitations to recover damages has been tolled.    This bill
provides for a cause of action  for  the land owner whose real property
has been condemned and for the accrual of the cause of action the date the
person discovers the real property was condemned. 

PURPOSE

As proposed, S.B. 448 authorizes a person whose real property was
condemned to file a suit to recover damages from the condemnor if certain
requirements are met. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Chapter 21, Property Code, by adding Subchapter E, as
follows: 

SUBCHAPTER E. PAYMENT OF CLAIM FOLLOWING CERTAIN CONDEMNATIONS

Sec. 21.081. CAUSE OF ACTION.  Authorizes a person whose real property was
condemned to file a suit to recover damages from the condemnor if certain
requirements are met.  Sets forth certain dates on which a cause of action
accrues. 

Sec. 21.802. ASSESSMENT OF DAMAGES.  Requires the court to award a
plaintiff, who prevails under Section 21.081, a certain amount of damages.
Requires damages to be assessed in accordance with the standards and
requirements prescribed in Section 21.042. 

SECTION 2. Effective date: September 1, 1997.

SECTION 3. Emergency clause.