By Krusee H.B. No. 1794
75R6594 CAS-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to assessment of damages in a condemnation proceeding.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 21.042, Property Code, is amended by
1-5 amending Subsections (b), (c), and (e), and adding Subsection (f)
1-6 to read as follows:
1-7 (b) If an entire tract or parcel of real property is
1-8 condemned, the damage to the property owner is the local market
1-9 value of the property at the time of the special commissioners'
1-10 hearing or, if the property owner chooses, at an earlier time
1-11 specified by the property owner in accordance with this subsection.
1-12 The property owner may establish the value of the property as of a
1-13 date not earlier than the date of the first offer made by the
1-14 condemnor to acquire a tract or parcel of real property for the
1-15 same project if:
1-16 (1) the condemnor has made an offer for one or more
1-17 other tracts or parcels of real property for the same project; and
1-18 (2) the special commissioners' hearing is held after
1-19 the first anniversary of the date the first offer was made for any
1-20 tract or parcel of real property for the same project.
1-21 (c) If a portion of a tract or parcel of real property is
1-22 condemned, the special commissioners shall determine the damage to
1-23 the property owner after estimating the extent of the injury and
1-24 benefit to the property owner, including the effect of the
2-1 condemnation on the value of the property owner's remaining
2-2 property. For purposes of this subsection, the value of property
2-3 is determined in the same manner as authorized for determining the
2-4 value of property under Subsection (b).
2-5 (e) If a portion of a tract or parcel of real property is
2-6 condemned for the use, construction, operation, or maintenance of
2-7 the state highway system or of a county toll project described by
2-8 Chapter 284, Transportation Code [304, Acts of the 50th
2-9 Legislature, Regular Session, 1947 (Article 6795b-1, Vernon's Texas
2-10 Civil Statutes)], that is eligible for designation as part of the
2-11 state highway system, or for the use, construction, development,
2-12 operation, or maintenance of an improvement or project by a
2-13 metropolitan rapid transit authority created before January 1,
2-14 1980, with a principal municipality [city] having a population of
2-15 less than 1,200,000 and established under Chapter 451,
2-16 Transportation Code [141, Acts of the 63rd Legislature, Regular
2-17 Session, 1973 (Article 1118x, Vernon's Texas Civil Statutes)], the
2-18 special commissioners shall determine the damage to the property
2-19 owner regardless of whether the property owner makes a claim for
2-20 damages to the remaining property. In awarding compensation or
2-21 assessing the damages, the special commissioners shall consider any
2-22 special and direct benefits that arise from the highway improvement
2-23 or the transit authority improvement or project that are peculiar
2-24 to the property owner and that relate to the property owner's
2-25 ownership, use, or enjoyment of the particular parcel of remaining
2-26 real property. For purposes of this subsection, the value of
2-27 property is determined in the same manner as authorized for
3-1 determining the value of property under Subsection (b).
3-2 (f) In this section, "same project" means a project for
3-3 which:
3-4 (1) privately-owned real property may be acquired by
3-5 condemnation under this chapter; and
3-6 (2) the plans for the project require acquisition,
3-7 construction on, or use of the real property that is the subject of
3-8 the special commissioners' hearing.
3-9 SECTION 2. The changes in law made by this Act apply only to
3-10 assessment of damages in a condemnation proceeding for which
3-11 special commissioners are appointed on or after the effective date
3-12 of this Act.
3-13 SECTION 3. The importance of this legislation and the
3-14 crowded condition of the calendars in both houses create an
3-15 emergency and an imperative public necessity that the
3-16 constitutional rule requiring bills to be read on three several
3-17 days in each house be suspended, and this rule is hereby suspended,
3-18 and that this Act take effect and be in force from and after its
3-19 passage, and it is so enacted.