By Krusee H.B. No. 384 76R1054 CAS-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to assessment of damages in a condemnation proceeding. 1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-4 SECTION 1. Section 21.042, Property Code, is amended by 1-5 amending Subsections (b), (c), and (e) and adding Subsection (f) to 1-6 read as follows: 1-7 (b) If an entire tract or parcel of real property is 1-8 condemned, the damage to the property owner is the local market 1-9 value of the property at the time of the special commissioners' 1-10 hearing or, if the property owner chooses, at an earlier time 1-11 specified by the property owner in accordance with this subsection. 1-12 The property owner may establish the value of the property as of a 1-13 date not earlier than the date of the first offer made by the 1-14 condemnor to acquire a tract or parcel of real property for the 1-15 same project if: 1-16 (1) the property owner gives notice of that choice by 1-17 filing, not later than the seventh day before the first day of the 1-18 special commissioners' hearing, a written statement of that choice 1-19 with the court in which the condemnation proceeding is pending; 1-20 (2) the condemnor has made an offer for one or more 1-21 other tracts or parcels of real property for the same project; and 1-22 (3) the special commissioners' hearing is held after 1-23 the first anniversary of the date the first offer was made for any 1-24 tract or parcel of real property for the same project. 2-1 (c) If a portion of a tract or parcel of real property is 2-2 condemned, the special commissioners shall determine the damage to 2-3 the property owner after estimating the extent of the injury and 2-4 benefit to the property owner, including the effect of the 2-5 condemnation on the value of the property owner's remaining 2-6 property. For purposes of this subsection, the value of property 2-7 is determined in the same manner as authorized for determining the 2-8 value of property under Subsection (b). 2-9 (e) If a portion of a tract or parcel of real property is 2-10 condemned for the use, construction, operation, or maintenance of 2-11 the state highway system or of a county toll project described by 2-12 Chapter 284, Transportation Code, that is eligible for designation 2-13 as part of the state highway system, or for the use, construction, 2-14 development, operation, or maintenance of an improvement or project 2-15 by a metropolitan rapid transit authority created before January 1, 2-16 1980, with a principal municipality having a population of less 2-17 than 1,200,000 and established under Chapter 451, Transportation 2-18 Code, the special commissioners shall determine the damage to the 2-19 property owner regardless of whether the property owner makes a 2-20 claim for damages to the remaining property. In awarding 2-21 compensation or assessing the damages, the special commissioners 2-22 shall consider any special and direct benefits that arise from the 2-23 highway improvement or the transit authority improvement or project 2-24 that are peculiar to the property owner and that relate to the 2-25 property owner's ownership, use, or enjoyment of the particular 2-26 parcel of remaining real property. For purposes of this 2-27 subsection, the value of property is determined in the same manner 3-1 as authorized for determining the value of property under 3-2 Subsection (b). 3-3 (f) In this section, "same project" means a project for 3-4 which: 3-5 (1) privately owned real property may be acquired by 3-6 condemnation under this chapter; and 3-7 (2) the plans for the project require acquisition, 3-8 construction on, or use of the real property that is the subject of 3-9 the special commissioners' hearing. 3-10 SECTION 2. The changes in law made by this Act apply only to 3-11 assessment of damages in a condemnation proceeding for which 3-12 special commissioners are appointed on or after the effective date 3-13 of this Act. 3-14 SECTION 3. The importance of this legislation and the 3-15 crowded condition of the calendars in both houses create an 3-16 emergency and an imperative public necessity that the 3-17 constitutional rule requiring bills to be read on three several 3-18 days in each house be suspended, and this rule is hereby suspended, 3-19 and that this Act take effect and be in force from and after its 3-20 passage, and it is so enacted.