Bill not drafted by TLC or Senate E&E.
Line and page numbers may not match official copy.
By Hilbert H.B. No. 3339
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to dismissal of condemnation proceedings.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 21.019, Property Tax Code, is amended to
1-5 read as follows:
1-6 Sec. 21.019. Dismissal of Condemnation Proceedings. (a) A
1-7 party that institutes a condemnation proceeding may dismiss the
1-8 proceeding if the property owner's interest in the property is not
1-9 materially affected by the dismissal and the condemnor has not
1-10 taken physical possession of the property. The court shall conduct
1-11 a hearing on the motion to determine whether to allow the
1-12 dismissal. However, the condemnor may not dismiss a condemnation
1-13 proceeding merely to institute new proceedings that involve
1-14 substantially the same condemnation against the same property
1-15 solely to obtain a lower compensation award.
1-16 (b) A court that dismisses a condemnation proceeding shall
1-17 make an allowance to the property owner for the market value of the
1-18 condemnor's use of the property while in possession of the
1-19 property, any damages that the condemnation may have caused the
1-20 property owner, and for all expenses including, but not limited to,
1-21 reasonable and necessary attorneys' fees the property owner incurs
1-22 in connection with the condemnation.
1-23 [(a) A party that files a condemnation petition may move to
1-24 dismiss the proceedings, and the court shall conduct a hearing on
2-1 the motion. However, after the special commissioners have made an
2-2 award, in an effort to obtain a lower award a condemnor may not
2-3 dismiss the condemnation proceedings merely to institute new
2-4 proceedings that involve substantially the same condemnation
2-5 against the property owner.]
2-6 [(b) A court that hears and grants a motion to dismiss a
2-7 condemnation proceeding made by a condemnor under Subsection (a)
2-8 shall make an allowance to the property owner for reasonable and
2-9 necessary fees for attorneys, appraisers, and photographers and for
2-10 the other expenses incurred by the property owner to the date of
2-11 the hearing.]
2-12 [(c) A court that hears and grants a motion to dismiss a
2-13 condemnation proceeding made by a property owner seeking a judicial
2-14 denial of the right to condemn or that otherwise renders judgment
2-15 denying the right to condemn may make an allowance to the property
2-16 owner for reasonable and necessary fees for attorneys, appraisers,
2-17 and photographers and for the expenses incurred by the property
2-18 owner to the date of the hearing or judgment.]
2-19 SECTION 2. EMERGENCY. The importance of this legislation
2-20 and the crowded condition of the calendars in both houses create an
2-21 emergency and an imperative public necessity that the
2-22 constitutional rule requiring bills to be read on three several
2-23 days in each house be suspended, and this rule is hereby suspended,
2-24 and that this Act take effect and be in force from and after its
2-25 passage, and it is so enacted.