SRC-ARR S.B. 1010 76(R)   BILL ANALYSIS


Senate Research Center   S.B. 1010
76R7098 PAM-FBy: Brown
Natural Resources
4/7/1999
As Filed


DIGEST 

Currently, Texas law provides for certain assessments to be made regarding
actual damages in the matter of condemnation proceedings. S.B. 1010 would
regulate the assessment of damages in a condemnation proceeding, including
market fluctuations or condemned property.  


PURPOSE

As proposed, S.B. 1010 regulates the assessment of damages in a
condemnation proceeding. 

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 Section 21.041, Property Code, to require the special
commissioners in eminent domain or condemnation proceedings (special
commissioners) to submit special evidence as the basis for assessing actual
damages to a property owner from a condemnation. 

SECTION 2. Amends Section 21.042, Property Code, by amending Subsections
(b), (c), and (d) and adding subsection (f), to provide that unless
otherwise provided by this chapter, if all or portion of a tract or parcel
of real property is condemned, the amount of the award for damage to the
property owner is determined as of the date the tract or parcel is
condemned and is equal to the market value certain property. Deletes
certain language. Provides that if a portion of a tract or parcel of real
property is condemned and the property owner seeks an award for damages
caused by the condemnation to the remaining property, the amount of the
award for damage to the remaining property is based on the difference in
the  market value of the remaining property immediately after the
condemnation, considering any injury or benefit that the construction or
operation of the condemnor's project has on the remaining property.
Requires the special commissioners to consider all factors considered in
the marketplace that may affect the property's market value, including
certain conditions. Provides that if the property condemned is owned by a
public entity or by a person organized and operated on a nonprofit basis
and the property is devoted to and needed by the property owner in good
faith to perform a public function or to provide nonprofit educational
charitable, eleemosynary services, certain conditions may apply.  

SECTION 3. Makes application of this Act prospective.

SECTION Emergency clause.