By: Madla S.C.R. No. 71 SENATE CONCURRENT RESOLUTION 1-1 WHEREAS, Mr. Orian R. Gardner alleges that: 1-2 (1) he is the owner of Lots 3 and 4, Block 100 and 1-3 Lots 11 and 12, Block 106, Millington Addition, Presidio, Texas; 1-4 (2) on or about November 10, 1949, the property was 1-5 purchased in error, without his knowledge, by the Texas Department 1-6 of Transportation from a person with no power or right to convey 1-7 such property and has since been used for the construction of F.M. 1-8 170; 1-9 (3) the property was acquired by the Texas Department 1-10 of Transportation while he was living in California and he was not 1-11 made aware of the acquisition until his return to Texas in 1990; 1-12 (4) he has continuously paid taxes on the property 1-13 from the time it was deeded to him to the present; and 1-14 (5) the Texas Department of Transportation initially 1-15 acknowledged his ownership of the property but since has claimed 1-16 that the statute of limitations has run and has refused to offer 1-17 him the compensation rightfully owed to him for the use of his 1-18 property; now, therefore, be it 1-19 RESOLVED by the Legislature of the State of Texas, That Mr. 1-20 Orian R. Gardner is granted permission to sue the State of Texas 1-21 and the Texas Department of Transportation subject to Chapter 107, 1-22 Civil Practice and Remedies Code; and, be it further 1-23 RESOLVED, That payment of any damages awarded in a suit 2-1 authorized by this resolution from the state treasury is subject 2-2 to appropriation; and, be it further 2-3 RESOLVED, That it is the intent of the 75th Legislature of 2-4 the State of Texas that, if any damages are awarded in a suit 2-5 authorized by this resolution, the damages shall be paid from money 2-6 appropriated to or otherwise available to the Texas Department of 2-7 Transportation and that additional money should not be appropriated 2-8 for the purpose of paying such damages; and, be it further 2-9 RESOLVED, That the remedy available to Mr. Orian R. Gardner 2-10 in the suit authorized by this resolution is limited to actual 2-11 damages; and, be it further 2-12 RESOLVED, That Mr. Orian R. Gardner and the Texas Department 2-13 of Transportation may agree to submit the matter that is the 2-14 subject of this resolution to binding arbitration; and, be it 2-15 further 2-16 RESOLVED, That the provisions of this resolution are not 2-17 severable, and if any provision of this resolution is finally held 2-18 to be invalid by a court of competent jurisdiction, the remaining 2-19 provisions are also invalid and this resolution has no force or 2-20 effect and no suit is authorized by this resolution; and, be it 2-21 further 2-22 RESOLVED, That the executive director of the Texas Department 2-23 of Transportation be served process as provided by Subdivision (3), 2-24 Subsection (a), Section 107.002, Civil Practice and Remedies Code.