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.