By Pitts H.B. No. 224
75R853 CAS-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to an award of damages to a property owner in certain
1-3 condemnation proceedings.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 21.044, Property Code, is amended to read
1-6 as follows:
1-7 Sec. 21.044. DAMAGES FROM TEMPORARY POSSESSION. (a) If a
1-8 court finally determines that a condemnor who has taken possession
1-9 of property pending litigation did not have the right to condemn
1-10 the property, the court may award to the property owner the damages
1-11 that resulted from the temporary possession.
1-12 (b) If a court grants a condemnor's motion to dismiss a
1-13 condemnation proceeding after the condemnor has taken possession of
1-14 property pending litigation, for each year of pending or active
1-15 litigation, the property owner is entitled to an award of 20
1-16 percent of the amount paid to the owner or deposited with the
1-17 court. If the litigation is pending or active for less than any
1-18 full year, the amount to which the property owner is entitled shall
1-19 be prorated accordingly. The amount to which a property owner is
1-20 entitled under this subsection is in addition to any other amount
1-21 to which a property owner is entitled under this chapter.
1-22 (c) The court may order the payment of damages awarded under
1-23 this section from the award or other money deposited with the
1-24 court. However, if the award paid to or appropriated by the
2-1 property owner exceeds the court's final determination of the value
2-2 of the property, the court shall order the property owner to return
2-3 the excess to the condemnor.
2-4 SECTION 2. The change in law made by this Act applies only
2-5 to a condemnation proceeding in which the condemnor moves to
2-6 dismiss the condemnation proceeding on or after the effective date
2-7 of this Act.
2-8 SECTION 3. The importance of this legislation and the
2-9 crowded condition of the calendars in both houses create an
2-10 emergency and an imperative public necessity that the
2-11 constitutional rule requiring bills to be read on three several
2-12 days in each house be suspended, and this rule is hereby suspended,
2-13 and that this Act take effect and be in force from and after its
2-14 passage, and it is so enacted.