SRC-SLL S.B. 774 75(R)   BILL ANALYSIS


Senate Research Center   S.B. 774
By: Lindsay
Jurisprudence
4-3-97
As Filed


DIGEST 

Currently, a condemnor is prohibited from gaining possession of condemned
property until a special commissioners' award has been deposited with the
court.  A delay in obtaining possession of a necessary right-of-way can
result in the delay of construction of critical highway projects.  The
rightof-way acquisition process needs to be expedited for high priority
projects.  Authorizing possession at the time of filing the condemnation
petition can cut the acquisition process by two to three months.  This
bill will provide new procedures concerning condemnation of property by
the Texas Department of Transportation. 

PURPOSE

As proposed, S.B. 774 provides new procedures concerning condemnation of
property by the Texas Department of Transportation. 

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 21B, Property Code, by adding Section 21.023, as
follows: 

Sec.  21.023.  POSSESSION OF PROPERTY AND DECLARATION OF TAKING. Defines
"department."  Authorizes the Texas Department of Transportation
(department) to file a declaration of taking as provided by this section
with the clerk of the court in which the department files a condemnation
petition or to which the eminent domain case based on the petition is
assigned.  Authorizes the declaration of taking to be filed concurrently
with or subsequent to the  filing of the condemnation petition but is
required to be filed before the date on which the special commissioners
make an award.  Sets forth information required to be included in the
declaration of taking.  Sets forth regulations regarding the deposit
required to accompany a declaration of taking and the notice to be given
to certain persons. Provides that a property owner or party in possession
who refuses to vacate the property or yield possession is subject to the
forcible entry and detainer provisions under Chapter 24. Prohibits a writ
of possession, if the property being condemned is a homestead or a portion
of a homestead, from being executed before the 30th day after the date the
property owner and any party in possession are served notice under
Subsection (f).  Provides that the date on which the declaration is filed
is the date of taking for purpose of assessing damages to which a property
owner is entitled. 

SECTION 2. Effective date: September 1, 1997.
  Makes application of this Act prospective.

SECTION 3. Emergency clause.