LEGISLATIVE BUDGET BOARD
Austin, Texas
FISCAL NOTE
75th Regular Session
April 30, 1997
TO: Honorable Fred M. Bosse, Chair IN RE: House Bill No. 3339, Committee Report 1st House, Substituted
Committee on Land and Resource Management By: Hilbert
House
Austin, Texas
FROM: John Keel, Director
In response to your request for a Fiscal Note on HB3339 ( Relating
to dismissal of a condemnation proceeding.) this office has
detemined the following:
Biennial Net Impact to General Revenue Funds by HB3339-Committee Report 1st House, Substituted
No significant fiscal implication to the State is anticipated.
The bill would require the court that dismisses a condemnation
proceeding to make an allowance to the property owner for the
market value of the condemnor's use of the property during possession,
any damages that the condemnation may have caused the property
owner, and for all expenses including attorneys' fees that the
property owner incurs in connection with the condemnation.
The
Department of Transportation (TxDOT) states that during fiscal
year 1996, it had two condemnation cases dismissed out of approximately
200 to 300 cases (one percent or less) during the year and that
it currently pays for attorneys' fees when it dismisses a condemnation
case. This bill would require the payment of damages to the
property owner caused by the condemnation in instances where
the condemnor seeks to dismiss the condemnation proceeding.
Given the number of cases likely to be affected by the bill,
no significant fiscal implication to the State is anticipated.
However, since TxDOT, as the condemnor, would now be liable
for loss of value while property was in its possession, the
potential for additional cost to the department exists. The
cost would depend upon the number of dismissed cases and the
amount of damages awarded by the court.
The Office of the
Attorney General estimates that any legal work as a result of
the passage of this bill could be absorbed with current staff.
The bill would apply to local governments acting as condemnors
and would, therefore, have similar fiscal impact. The fiscal
implications would not be expected to be significant, but could
increase depending upon the number of dismissed cases and amounts
of damage awards.
Source: Agencies: 302 Office of the Attorney General
601 Department of Transportation
LBB Staff: JK ,BB ,TL