HBA-NIK H.B. 3356 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 3356 By: Staples Land & Resource Management 3/26/1999 Introduced BACKGROUND AND PURPOSE The Texas Supreme Court ruled in 1992, in Westgate, Ltd. v. State of Texas, 843 S.W. 2d 448, that the state does not owe a private property owner any compensation for the loss of beneficial use of the property during the pendency of a condemnation plan. H.B. 3356 allows a property owner to establish a date of valuation which is earlier than the date the condemnor has the legal right to possession of the condemned property. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Sections 21.042(b), (c), and (e), Property Code, as follows: (b) Provides that the damage to the property owner is the local market value of the property on the date the condemnor has the right to possession of the condemned property or, if the property owner chooses, an earlier date specified by the owner in accordance with the section, rather than at the time of the special commissioner's hearing. Authorizes the property owner to establish the value of the property on the date on which the condemnor publicly manifested the condemnor's intent tp acquire the owner's property or the date on which the condemnation petition is filed. (c) Provides that for the purpose of this subsection, regarding determination of damage by the special commissioners, the value of property is determined in the same manner authorized under Subsection (b). (e) Makes a conforming change. SECTION 2. Makes application of this Act prospective. SECTION 3. Emergency clause. Effective date: upon passage.