By Alexander H.B. No. 2881
75R9131 PAM-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the assessment of damages, costs, and attorney's fees
1-3 in an eminent domain proceeding.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 21.042(b), Property Code, is amended to
1-6 read as follows:
1-7 (b) Except as provided by this subsection, if [If] an entire
1-8 tract or parcel of real property is condemned, the damage to the
1-9 property owner is the local market value of the property at the
1-10 time of the special commissioners' hearing. If a municipality or
1-11 state agency condemns an entire tract or parcel of real property,
1-12 the damage to the property owner is the greater of the local market
1-13 value at the time of the special commissioners' hearing or 70
1-14 percent of the appraised value of the property as determined under
1-15 Chapter 23, Tax Code.
1-16 SECTION 2. Section 21.047, Property Code, is amended to read
1-17 as follows:
1-18 Sec. 21.047. Assessment of Costs and Fees. (a) Special
1-19 commissioners may adjudge the costs of an eminent domain proceeding
1-20 against any party. If the commissioners award greater damages than
1-21 the condemnor offered to pay before the proceedings began, the
1-22 condemnor shall pay all costs. If the condemnor is a municipality
1-23 or state agency and [or if] the decision of the commissioners is
1-24 appealed by the condemnor and a court awards greater damages than
2-1 the commissioners awarded, the condemnor shall pay all costs and
2-2 reasonable and necessary attorney's fees incurred by the property
2-3 owner for the appeal. If the commissioners' award or the court's
2-4 determination of the damages is less than or equal to the amount
2-5 the condemnor offered before proceedings began, the property owner
2-6 shall pay the costs.
2-7 (b) A condemnor shall pay the initial cost of serving a
2-8 property owner with notice of a condemnation proceeding. If the
2-9 property owner is ordered to pay the costs of the proceeding, the
2-10 condemnor may recover the expense of notice from the property owner
2-11 as part of the costs.
2-12 (c) A court that has jurisdiction of an eminent domain
2-13 proceeding may tax $10 or more as a reasonable fee for each special
2-14 commissioner as part of the court costs of the proceeding.
2-15 SECTION 3. (a) This Act takes effect September 1, 1997.
2-16 (b) The changes in law made by this Act apply only to a
2-17 condemnation proceeding for which a petition is filed on or after
2-18 the effective date of this Act. A condemnation proceeding for
2-19 which a petition was filed before the effective date of this Act is
2-20 covered by the law in effect when the petition was filed, and the
2-21 former law is continued in effect for that purpose.
2-22 SECTION 4. The importance of this legislation and the
2-23 crowded condition of the calendars in both houses create an
2-24 emergency and an imperative public necessity that the
2-25 constitutional rule requiring bills to be read on three several
2-26 days in each house be suspended, and this rule is hereby suspended.