By Madla                                         S.B. No. 448

      75R2042 PAM-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to payment of a claim following condemnation of certain

 1-3     real property.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Chapter 21, Property Code, is amended by adding

 1-6     Subchapter E to read as follows:

 1-7       SUBCHAPTER E.  PAYMENT OF CLAIM FOLLOWING CERTAIN CONDEMNATIONS

 1-8           Sec. 21.081.  CAUSE OF ACTION.  (a)  A person whose real

 1-9     property was condemned may file suit to recover damages from the

1-10     condemnor if:

1-11                 (1)  the real property was condemned without the

1-12     property owner's actual knowledge;

1-13                 (2)  the condemnor failed to exercise due diligence in

1-14     giving notice of the proposed condemnation to the owner; and

1-15                 (3)  the owner did not receive compensation for the

1-16     condemnation of the property as required by Section 17, Article I,

1-17     Texas Constitution.

1-18           (b)  A cause of action accrues under this section on:

1-19                 (1)  the date the person discovers that the person's

1-20     real property was condemned, if the property is condemned on or

1-21     after September 1, 1997; or

1-22                 (2)  September 1, 1997, if the property was condemned

1-23     before September 1, 1997.

1-24           Sec. 21.082.  ASSESSMENT OF DAMAGES.  The court shall award a

 2-1     plaintiff who prevails in a suit filed under Section 21.081 damages

 2-2     in the amount of the present value of the amount of damages that

 2-3     should have been awarded to the property owner based on the local

 2-4     market value of the property at the time the property was

 2-5     condemned.  The damages shall be assessed in accordance with the

 2-6     standards and requirements prescribed by Section 21.042.

 2-7           SECTION 2.  This Act takes effect September 1, 1997.

 2-8           SECTION 3.  The importance of this legislation and the

 2-9     crowded condition of the calendars in both houses create an

2-10     emergency and an imperative public necessity that the

2-11     constitutional rule requiring bills to be read on three several

2-12     days in each house be suspended, and this rule is hereby suspended.