By Uher                                               H.B. No. 1414
         76R5110 PAM-F                           
                                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 21.041, Property Code, is amended to read
 1-5     as follows:
 1-6           Sec. 21.041.  EVIDENCE.  As the basis for assessing actual
 1-7     damages to a property owner from a condemnation, the special
 1-8     commissioners shall admit evidence on:
 1-9                 (1)  the market value of the property being condemned;
1-10                 (2)  the injury to the property owner;
1-11                 (3)  the benefit to the property owner's remaining
1-12     property;  [and]
1-13                 (4)  the use of the property for the purpose of the
1-14     condemnation, including any injury or benefit that the construction
1-15     or operation of the  condemnor's project has on the market value of
1-16     the property owner's remaining property; and
1-17                 (5)  any change in the relative location of the
1-18     remaining property caused by the condemnor's project that affects
1-19     the remaining property's market value, including visibility to and
1-20     from the remaining property and access to and from the remaining
1-21     property.
1-22           SECTION 2.  Section 21.042, Property Code, is amended by
1-23     amending Subsections (b), (c), and (d) and adding Subsection (f) to
1-24     read as follows:
 2-1           (b)  Unless otherwise provided by this chapter, if all or a
 2-2     portion of a [If an entire] tract or parcel of real property is
 2-3     condemned, the  amount of the award for damage to the property
 2-4     owner is determined as of the date the tract or parcel is condemned
 2-5     and is equal to the [local] market value of:
 2-6                 (1)  the tract or parcel [property] condemned; and
 2-7                 (2)  any personal property damaged or destroyed as a
 2-8     result of the condemnation [at the time of the special
 2-9     commissioners' hearing].
2-10           (c)  If a portion of a tract or parcel of real property is
2-11     condemned and the property owner seeks an award for damages caused
2-12     by the condemnation to the remaining property, the amount of the
2-13     award for damage to the remaining property is based on the
2-14     difference in the market value of the remaining property
2-15     immediately before the condemnation and the market value of the
2-16     remaining property immediately after the condemnation, considering
2-17     any injury or benefit that the construction or operation of the
2-18     condemnor's project has on the remaining property[, the special
2-19     commissioners shall determine the damage to the  property owner
2-20     after estimating the extent of the injury and benefit to the
2-21     property owner, including the effect of the condemnation on the
2-22     value of the property owner's remaining property].
2-23           (d)  In determining the market value of the property
2-24     condemned and any remaining property if a portion of a tract or
2-25     parcel of real property is condemned [estimating injury or benefit
2-26     under Subsection (c)], the special commissioners shall consider all
2-27     factors considered in the  marketplace that may affect the
 3-1     property's market value, including:
 3-2                 (1)  vehicular and pedestrian access to and from and on
 3-3     and off the property;
 3-4                 (2)  traffic circulation and count in and around the
 3-5     property;
 3-6                 (3)  visibility to and from the property; and
 3-7                 (4)  any [an] injury or benefit that the construction,
 3-8     location, or use of the condemnor's project has on the market value
 3-9     of the  property owner's remaining property [is peculiar to the
3-10     property owner and that relates to the property owner's ownership,
3-11     use, or enjoyment  of the particular parcel of real property, but
3-12     they may not consider an injury or benefit that the property owner
3-13     experiences in common with the general community].
3-14           (f)  Notwithstanding any other provision of this section, if
3-15     the property condemned is owned by a public entity or by a person
3-16     organized and  operated on a nonprofit basis and the property is
3-17     devoted to and needed by the property owner in good faith to
3-18     perform a public function or to provide nonprofit educational,
3-19     charitable, or eleemosynary services, the damage award may not be
3-20     less than the financial cost of replacing the property.
3-21           SECTION 3.  The changes in law made by this Act apply only to
3-22     assessment of damages in a condemnation proceeding for which a
3-23     special commissioners' hearing begins on or after the effective
3-24     date of this Act.  Assessment of damages in a condemnation
3-25     proceeding for which a special commissioners' hearing began before
3-26     the effective date of this Act is governed by the law as it existed
3-27     at the time the hearing began, and the former law is continued in
 4-1     effect for that purpose.
 4-2           SECTION 4.  The importance of this legislation and the
 4-3     crowded condition of the calendars in both houses create an
 4-4     emergency and an imperative public necessity that the
 4-5     constitutional rule requiring bills to be read on three several
 4-6     days in each house be suspended, and this rule is hereby suspended,
 4-7     and that this Act take effect and be in force from and after its
 4-8     passage, and it is so enacted.