By:  Brown                                            S.B. No. 1926

         Line and page numbers may not match official copy.

         Bill not drafted by TLC or Senate E&E.

                                A BILL TO BE ENTITLED

                                       AN ACT

 1-1     relating to the assessment of damages in a condemnation proceeding.

 1-2           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-3           SECTION 1.  Section 21.042, Property Code, is amended by

 1-4     amending Subsections (c) - (e) and adding Subsections (f) and (g)

 1-5     to read as follows:

 1-6           (c)  If a portion of a tract or parcel of real property is

 1-7     condemned and the property owner seeks an award for damage caused

 1-8     by the condemnation to the property owner's remaining property, the

 1-9     total amount of the award for damage to the property condemned and

1-10     to the remaining property is based on the difference in the local

1-11     market value of the entire property immediately before the

1-12     condemnation and the local market value of the remaining property

1-13     immediately after the condemnation, considering any benefit or

1-14     injury that the construction or operation of the condemnor's

1-15     project has on the market value of the remaining property [, the

1-16     special commissioners shall determine the damage to the property

1-17     owner after estimating the extent of the injury and benefit to the

1-18     property owner, including the effect of the condemnation on the

1-19     value of the property owner's remaining property].

1-20           (d)  Any increase or decrease in the market value of an

1-21     entire tract or parcel of real property caused by the condemnors

 2-1     proposed project before the condemnation may not be considered in

 2-2     estimating the market value of that property before condemnation.

 2-3     Any increase or decrease in the market value of any remaining real

 2-4     property caused by the condemnor's proposed project after the

 2-5     condemnation shall be considered in estimating the market value of

 2-6     that property after the condemnation [In estimating injury or

 2-7     benefit under Subsection (c), the special commissioners shall

 2-8     consider an injury or benefit that is peculiar to the property

 2-9     owner and that relates to the property owner's ownership, use, or

2-10     enjoyment of the particular parcel of real property, but they may

2-11     not consider an injury or benefit that the property owner

2-12     experiences in common with the general community].

2-13           (e)  In estimating the market value of the property condemned

2-14     and of any remaining property if [If] a portion of a tract or

2-15     parcel of real property is condemned, the special commissioners

2-16     shall consider all factors considered in the marketplace that may

2-17     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

 3-1                 (5)   the property's access to utilities and drainage

 3-2     [for the use, construction, operation, or maintenance of the state

 3-3     highway system or of a county toll project described by Chapter

 3-4     304, Acts of the 50th Legislature, Regular Session, 1947 (Article

 3-5     6795b-1, Vernon's Texas Civil Statutes), that is eligible for

 3-6     designation as part of the state highway system, or for the use,

 3-7     construction, development, operation, or maintenance of any

 3-8     improvement or project by a metropolitan rapid transit authority

 3-9     created before January 1, 1990, with a principal city having a

3-10     population of less than 1,200,000 and established under Chapter

3-11     141, Acts of the 63rd Legislature, Regular Session, 1973 (Article

3-12     1118x, Vernon's Texas Civil Statutes), the special commissioners

3-13     shall determine the damage to the property owner regardless of

3-14     whether the property owner makes a claim for damages to the

3-15     remaining property.  In awarding compensation or assessing the

3-16     damages, the special commissioners shall consider any special and

3-17     direct benefits that arise from the highway improvement or the

3-18     transit authority improvement or project that are peculiar to the

3-19     property owner and that relate to the property owner's ownership,

3-20     use, or enjoyment of the particular parcel of remaining real

3-21     property].

3-22           (f)  The effect that the condemnation has on any of the

3-23     market value characteristics required to be considered under

3-24     Subsection (e) shall be considered in estimating the market value

3-25     of any remaining portion of a tract or parcel of real property that

 4-1     is condemned regardless of whether any other property in the area

 4-2     is similarly affected by the condemnation.

 4-3           (g)  Notwithstanding any other provision of this section, if

 4-4     the property condemned is owned by a public entity or by a person

 4-5     organized and operated on a non-profit basis and the property is

 4-6     devoted to and needed by the property owner in good faith to

 4-7     perform a public function or to provide a non-profit educational,

 4-8     charitable, eleemosynary service, the damage award may not be less

 4-9     than the financial cost of replacing the property.

4-10           SECTION 2.  The change in law made by this Act applies to any

4-11     pending suit on the effective date of this Act and any suit filed

4-12     after the effective date of this Act.

4-13           SECTION 3.  The importance of this legislation and the

4-14     crowded condition of the calendars in both houses create an

4-15     emergency and an imperative public necessity that the

4-16     constitutional rule requiring bills to be read on three several

4-17     days in each house be suspended, and this rule is hereby suspended,

4-18     and that this Act take effect and be in force from and after its

4-19     passage, and it is so enacted.