SRC-PNG S.B. 220 76(R)   BILL ANALYSIS


Senate Research Center   S.B. 220
76R4343 PAM-FBy: Armbrister
State Affairs
2/23/1999
As Filed


DIGEST 

Currently, under Texas law, a landlocked property owner has few limited
legal theories available to establish access easements.  If a person cannot
establish a right of way under any of the limited legal theories, there is
no recourse under Texas law.  Federal case law has suggested a broad remedy
would be constitutional if an overall public purpose is served.  Public
purposes, such as the promotion of alienability, the assurance of orderly
development of land, and the preservation of taxable value, support this
legislation.  This bill would grant a landlocked property owner the right
to an access easement under certain circumstances. 

PURPOSE

As proposed, S.B. 220 grants the owner of landlocked property the right to
an access easement under certain circumstances. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Title 4, Property Code, by adding Chapter 30, as follows:

CHAPTER 30.  ACCESS EASEMENT TO LANDLOCKED TRACT

 Sec.  30.001.  DEFINITIONS.  Defines "adjoining tract," "landlocked
owner," and  "landlocked tract."   

 Sec.   30.002.  RIGHT TO IMPOSE ACCESS EASEMENT.  Authorizes a landlocked
owner  to condemn a portion of real property, not more than 20 feet in
width, on one adjoining tract  to acquire a nonexclusive access easement
for the purpose of reasonable ingress to and egress  from the landlocked
tract.  Provides that a condemnation proceeding under this chapter is
subject to Chapter 21, and the landlocked owner must file a petition in the
same manner as  provided by that chapter. 

 Sec.  30.003.  ROUTE OF EASEMENT.  Requires the access easement route to
be the  shortest route to the landlocked tract following certain other
requirements.   

 Sec.  30.004.  MAINTENANCE OF EASEMENT.  Requires the landlocked owner who
condemns an access easement under this chapter to maintain the easement and
keep the  easement open for public use. 

SECTION 2.  Effective date: upon voter approval of the corresponding
constitutional amendment. 
            Provides that if the amendment is not approved, this Act has no
effect. 

SECTION 3. Emergency clause.