By Kubiak H.B. No. 248
75R543 PAM-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to certain condemnation procedures.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Subchapter B, Chapter 21, Property Code, is
1-5 amended by adding Sections 21.0112 and 21.0113 to read as follows:
1-6 Sec. 21.0112. NEGOTIATION AND APPRAISAL. (a) A condemnor
1-7 shall make every reasonable effort to acquire real property by
1-8 negotiating with the property owner to determine the amount of
1-9 damages.
1-10 (b) Before initiating negotiations with the property owner,
1-11 the condemnor shall have the property appraised to determine the
1-12 amount of damages that would constitute just compensation for the
1-13 property.
1-14 (c) The condemnor shall provide the property owner or the
1-15 owner's representative a reasonable opportunity to accompany the
1-16 appraiser during the appraiser's inspection of the property.
1-17 Sec. 21.0113. OFFER TO PURCHASE. (a) Before initiating
1-18 negotiations for the purchase of real property under Section
1-19 21.0112, the condemnor shall:
1-20 (1) establish an amount that the condemnor believes is
1-21 just compensation for the property; and
1-22 (2) submit to the property owner an offer to acquire
1-23 the property for the amount established.
1-24 (b) The amount of the offer submitted to the property owner
2-1 under Subsection (a) may not be less than the amount established by
2-2 the appraisal of the property under Section 21.0112.
2-3 (c) In establishing the amount of the offer under this
2-4 section, the condemnor shall disregard any decrease or increase in
2-5 the fair market value of the property caused by the project for
2-6 which the property is to be acquired or by the reasonable
2-7 likelihood that the property will be acquired for that project,
2-8 other than a decrease resulting from physical deterioration that is
2-9 within the reasonable control of the property owner.
2-10 (d) At the time the offer is submitted to the property
2-11 owner, the condemnor shall provide the owner with any written
2-12 appraisal prepared at the condemnor's request. If a written
2-13 appraisal has not been prepared, the condemnor shall provide the
2-14 owner with a written statement and summary that indicates the basis
2-15 for the amount established as just compensation for the property.
2-16 If a portion of a tract or parcel of property is to be condemned,
2-17 the compensation for the property to be acquired and for the
2-18 damages to the remaining property must be stated separately.
2-19 SECTION 2. This Act takes effect September 1, 1997. The
2-20 change in law made by this Act applies only to a condemnor in
2-21 regard to an offer to purchase that is made on or after the
2-22 effective date of this Act. A condemnor who makes an offer to
2-23 purchase before the effective date of this Act is covered in regard
2-24 to that offer by the law in effect when the offer was made, and the
2-25 former law is continued in effect for that purpose.
2-26 SECTION 3. The importance of this legislation and the
2-27 crowded condition of the calendars in both houses create an
3-1 emergency and an imperative public necessity that the
3-2 constitutional rule requiring bills to be read on three several
3-3 days in each house be suspended, and this rule is hereby suspended.