LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE 75th Regular Session April 2, 1997 TO: Honorable Fred M. Bosse, Chair IN RE: House Bill No. 3339 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 condemnation proceedings.) this office has detemined the following: Biennial Net Impact to General Revenue Funds by HB3339-As Introduced 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 states that during fiscal year 1996, it had two condemnation cases dismissed out of approximately 200 to 300 cases 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, but no significant fiscal implication to the State is anticipated. 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. No significant fiscal implication to units of local government is anticipated. Source: Agencies: 302 Office of the Attorney General 601 Department of Transportation LBB Staff: JK ,BB ,JC