By Staples H.B. No. 3356
76R6174 WP-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. Sections 21.042(b), (c), and (e), Property Code,
1-5 are amended to read as follows:
1-6 (b) If an entire tract or parcel of real property is
1-7 condemned, the damage to the property owner is the local market
1-8 value of the property on [at] the date the condemnor has the legal
1-9 right to possession of the property condemned or, if the property
1-10 owner chooses, on an earlier date specified by the property owner
1-11 in accordance with this subsection. The property owner may
1-12 establish the value of the property on the date on which:
1-13 (1) the condemnor publicly manifested the condemnor's
1-14 intent to acquire the owner's property; or
1-15 (2) the condemnation petition is filed [time of the
1-16 special commissioners' hearing].
1-17 (c) If a portion of a tract or parcel of real property is
1-18 condemned, the special commissioners shall determine the damage to
1-19 the property owner after estimating the extent of the injury and
1-20 benefit to the property owner, including the effect of the
1-21 condemnation on the value of the property owner's remaining
1-22 property. For purposes of this subsection, the value of property
1-23 is determined in the same manner as authorized for determining the
1-24 value of property under Subsection (b).
2-1 (e) If a portion of a tract or parcel of real property is
2-2 condemned for the use, construction, operation, or maintenance of
2-3 the state highway system or of a county toll project described by
2-4 Chapter 284, Transportation Code, that is eligible for designation
2-5 as part of the state highway system, or for the use, construction,
2-6 development, operation, or maintenance of an improvement or project
2-7 by a metropolitan rapid transit authority created before January 1,
2-8 1980, with a principal municipality having a population of less
2-9 than 1,200,000 and established under Chapter 451, Transportation
2-10 Code, the special commissioners shall determine the damage to the
2-11 property owner regardless of whether the property owner makes a
2-12 claim for damages to the remaining property. In awarding
2-13 compensation or assessing the damages, the special commissioners
2-14 shall consider any special and direct benefits that arise from the
2-15 highway improvement or the transit authority improvement or project
2-16 that are peculiar to the property owner and that relate to the
2-17 property owner's ownership, use, or enjoyment of the particular
2-18 parcel of remaining real property. For purposes of this
2-19 subsection, the value of property is determined in the same manner
2-20 as authorized for determining the value of property under
2-21 Subsection (b).
2-22 SECTION 2. The changes in law made by this Act apply only to
2-23 assessment of damages in a condemnation proceeding for which a
2-24 special commissioners' hearing begins on or after the effective
2-25 date of this Act. Assessment of damages in a condemnation
2-26 proceeding for which a special commissioners' hearing began before
2-27 the effective date of this Act is governed by the law as it existed
3-1 at the time the hearing began, and the former law is continued in
3-2 effect for that purpose.
3-3 SECTION 3. The importance of this legislation and the
3-4 crowded condition of the calendars in both houses create an
3-5 emergency and an imperative public necessity that the
3-6 constitutional rule requiring bills to be read on three several
3-7 days in each house be suspended, and this rule is hereby suspended,
3-8 and that this Act take effect and be in force from and after its
3-9 passage, and it is so enacted.