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