SRC-ARR S.B. 1316 76(R)   BILL ANALYSIS


Senate Research Center   S.B. 1316
76R6174 WP-FBy: Armbrister
Natural Resources
4/7/1999
As Filed


DIGEST 

In Westgate, Ltd, v. State, 843 S.W.2d 448 (Tex. 1992), the Texas Supreme
Court held that the owner of a shopping center was not entitled to any
compensation for the state's unreasonable delay in acquiring the property.
Further, there was insufficient notice to the owner of the property
regarding the states condemnation of the property. S.B. 1316 would
authorize a property owner to choose to have his or her property valued on
either  the date the condemnor manifested publicly that it specifically
intended to acquire the owner's property, or the date that the condemnor
filed its petition to take the property. 

PURPOSE

As proposed, S.B. 1316 regulate 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 21.042(b), (c), and (e), Property Code, to
provide that if an entire tract or parcel of real property is condemned,
the damage to the property owner is the local market value of the property
on the date the condemnor has the legal right to possession of the property
condemed or, if the property owner chooses, on an earlier date specified by
the property owner in accordance with this subsection. Authorizes the
property owner to establish the value of the property on the date certain
action takes place. Provides that for the purpose of this subsection, the
value of property is determined in the manner as authorized for determining
the value of property under Subsection (b). Deletes text regarding the
special commissioners' hearing. Makes a conforming change. 

SECTION 2. Makes application of this Act prospective.

SECTION 3. Emergency clause.