75R12690 CAS-F
By Uher H.B. No. 2740
Substitute the following for H.B. No. 2740:
By Krusee C.S.H.B. No. 2740
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 (c)-(e) and adding Subsections (f) and (g) to
1-6 read as follows:
1-7 (c) If a portion of a tract or parcel of real property is
1-8 condemned and the property owner seeks an award for damage caused
1-9 by the condemnation to the property owner's remaining property, the
1-10 total amount of the award for damage to the property condemned and
1-11 to the remaining property is based on the difference in the local
1-12 market value of the entire property immediately before the
1-13 condemnation and the local market value of the remaining property
1-14 immediately after the condemnation, considering any benefit or
1-15 injury that the construction or operation of the condemnor's
1-16 project has on the market value of the remaining property [, the
1-17 special commissioners shall determine the damage to the property
1-18 owner after estimating the extent of the injury and benefit to the
1-19 property owner, including the effect of the condemnation on the
1-20 value of the property owner's remaining property].
1-21 (d) Any increase or decrease in the market value of an
1-22 entire tract or parcel of real property caused by the condemnor's
1-23 proposed project before the condemnation may not be considered in
1-24 estimating the market value of that property before condemnation.
2-1 Any increase or decrease in the market value of any remaining real
2-2 property caused by the condemnor's proposed project after the
2-3 condemnation shall be considered in estimating the market value of
2-4 that property after the condemnation [In estimating injury or
2-5 benefit under Subsection (c), the special commissioners shall
2-6 consider an injury or benefit that is peculiar to the property
2-7 owner and that relates to the property owner's ownership, use, or
2-8 enjoyment of the particular parcel of real property, but they may
2-9 not consider an injury or benefit that the property owner
2-10 experiences in common with the general community].
2-11 (e) In the case of a condemnation by or for the Texas
2-12 Department of Transportation of real property for a state or
2-13 federal highway, in estimating the market value of the property
2-14 condemned and of any remaining property if [If] a portion of a
2-15 tract or parcel of real property is condemned, the special
2-16 commissioners shall consider all factors considered in the
2-17 marketplace that may affect the property's market value, including:
2-18 (1) vehicular and pedestrian access to and from and on
2-19 and off the property;
2-20 (2) traffic circulation and count in and around the
2-21 property;
2-22 (3) visibility and appearance of and from the
2-23 property;
2-24 (4) productivity and convenience of use of the
2-25 property, including its highest and best use; and
2-26 (5) the property's access to utilities and drainage
2-27 [for the use, construction, operation, or maintenance of the state
3-1 highway system or of a county toll project described by Chapter
3-2 304, Acts of the 50th Legislature, Regular Session, 1947 (Article
3-3 6795b-1, Vernon's Texas Civil Statutes), that is eligible for
3-4 designation as part of the state highway system, or for the use,
3-5 construction, development, operation, or maintenance of an
3-6 improvement or project by a metropolitan rapid transit authority
3-7 created before January 1, 1980, with a principal city having a
3-8 population of less than 1,200,000 and established under Chapter
3-9 141, Acts of the 63rd Legislature, Regular Session, 1973 (Article
3-10 1118x, Vernon's Texas Civil Statutes), the special commissioners
3-11 shall determine the damage to the property owner regardless of
3-12 whether the property owner makes a claim for damages to the
3-13 remaining property. In awarding compensation or assessing the
3-14 damages, the special commissioners shall consider any special and
3-15 direct benefits that arise from the highway improvement or the
3-16 transit authority improvement or project that are peculiar to the
3-17 property owner and that relate to the property owner's ownership,
3-18 use, or enjoyment of the particular parcel of remaining real
3-19 property].
3-20 (f) The effect that the condemnation has on any of the
3-21 market value characteristics required to be considered under
3-22 Subsection (e) shall be considered in estimating the market value
3-23 of any remaining portion of a tract or parcel of real property that
3-24 is condemned regardless of whether any other property in the area
3-25 is similarly affected by the condemnation.
3-26 (g) Notwithstanding any other provision of this section, if
3-27 the property condemned is owned by a public entity or by a person
4-1 organized and operated on a non-profit basis and the property is
4-2 devoted to and needed by the property owner in good faith to
4-3 perform a public function or to provide a non-profit educational,
4-4 charitable, or eleemosynary service, the damage award may not be
4-5 less than the financial cost of replacing the property.
4-6 SECTION 2. The changes in law made by this Act apply only to
4-7 assessment of damages in a condemnation proceeding for which a
4-8 special commissioners' hearing begins on or after the effective
4-9 date of this Act. Assessment of damages in a condemnation
4-10 proceeding for which a special commissioners' hearing began before
4-11 the effective date of this Act is governed by the law as it existed
4-12 at the time the hearing began, and the former law is continued in
4-13 effect for that purpose.
4-14 SECTION 3. The importance of this legislation and the
4-15 crowded condition of the calendars in both houses create an
4-16 emergency and an imperative public necessity that the
4-17 constitutional rule requiring bills to be read on three several
4-18 days in each house be suspended, and this rule is hereby suspended,
4-19 and that this Act take effect and be in force from and after its
4-20 passage, and it is so enacted.