By: Brown S.B. No. 1927
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 dismissal of condemnation proceedings.
1-2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-3 SECTION 1. Section 21.019, Property Code, is amended to read
1-4 as follows:
1-5 Sec. 21.019. Dismissal of Condemnation Proceedings. (a) A
1-6 party that files a condemnation petition may move to dismiss the
1-7 proceedings, and the court shall conduct a hearing on the motion.
1-8 The court may grant the motion only if the court determines that
1-9 the property owner's interest will not be materially affected by
1-10 the dismissal. A [However, after the special commissioners have
1-11 made an award, in an effort to obtain a lower award a] condemnor
1-12 may not dismiss the condemnation proceedings merely to institute
1-13 new proceedings that involve substantially the same condemnation
1-14 against the same property owner solely to obtain a lower
1-15 condemnation award.
1-16 (b) If a [A] court dismisses [that hears and grants a motion
1-17 to dismiss] a condemnation proceeding for any reason, the court
1-18 [made by a condemnor under Subsection (a)] shall make an allowance
1-19 to the property owner for the value of the condemnor's use of the
1-20 property while in possession of the property, any damage that the
1-21 condemnation has caused to the property owner, and any expenses the
2-1 property owner has incurred in connection with the condemnation,
2-2 including reasonable and necessary fees for attorneys[, appraisers,
2-3 and photographers and for the other expenses incurred by the
2-4 property owner to the date of the hearing].
2-5 [(c) A court that hears and grants a motion to dismiss a
2-6 condemnation proceeding made by a property owner seeking a judicial
2-7 denial of the right to condemn or that otherwise renders a judgment
2-8 denying the right to condemn may make an allowance to the property
2-9 owner for reasonable and necessary fees for attorneys' appraisers,
2-10 and photographers and for the other expenses incurred by the
2-11 property owner to the date of the hearing or judgment.]
2-12 SECTION 2. The change in law made by this Act applies to any
2-13 pending suit on the effective date of this Act and any suit filed
2-14 after the effective date of this Act.
2-15 SECTION 3. EMERGENCY. The importance of this legislation
2-16 and the crowded condition of the calendars in both houses create an
2-17 emergency and an imperative public necessity that the
2-18 constitutional rule requiring bills to be read on three several
2-19 days in each house be suspended, and this rule is hereby suspended,
2-20 and that this Act take effect and be in force from and after its
2-21 passage, and it is so enacted.