By Armbrister                                          S.B. No. 220
         76R4343 PAM-F                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to granting the owner of landlocked property the right to
 1-3     an access easement under certain circumstances.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Title 4, Property Code, is amended by adding
 1-6     Chapter 30 to read as follows:
 1-7              CHAPTER 30.  ACCESS EASEMENT TO LANDLOCKED TRACT
 1-8           Sec. 30.001.  DEFINITIONS.  In this chapter:
 1-9                 (1)  "Adjoining tract" means a tract of land that
1-10     shares a common boundary with a landlocked tract.
1-11                 (2)  "Landlocked owner" means the person holding title
1-12     to a landlocked tract.
1-13                 (3)  "Landlocked tract" means a tract of land for which
1-14     the owner does not have a means of access through:
1-15                       (A)  a public road; or
1-16                       (B)  an easement appurtenant to the landlocked
1-17     tract.
1-18           Sec. 30.002.  RIGHT TO IMPOSE ACCESS EASEMENT.  (a)  A
1-19     landlocked owner may condemn a portion of real property, not more
1-20     than 20 feet in width, on one adjoining tract to acquire a
1-21     nonexclusive access easement for the purpose of reasonable ingress
1-22     to and egress from the landlocked tract.
1-23           (b)  A condemnation proceeding under this chapter is subject
1-24     to Chapter 21, and the landlocked owner must file a petition in the
 2-1     same manner as provided by that chapter.
 2-2           Sec. 30.003.  ROUTE OF EASEMENT.  The access easement route
 2-3     must be the shortest route to the landlocked tract that:
 2-4                 (1)  causes the least amount of damage to the adjoining
 2-5     tract; and
 2-6                 (2)  is located the greatest reasonable distance from
 2-7     the primary residence and related improvements located on the
 2-8     adjoining tract.
 2-9           Sec. 30.004.  MAINTENANCE OF EASEMENT.  The landlocked owner
2-10     who condemns an access easement under this chapter shall maintain
2-11     the easement and keep the easement open for public use.
2-12           SECTION 2.  This Act takes effect on the date the
2-13     constitutional amendment proposed by the 76th Legislature, Regular
2-14     Session, 1999, providing that the taking of property to provide an
2-15     access easement to land that does not have a means of access
2-16     constitutes and serves a public use and purpose, takes effect.  If
2-17     that proposed constitutional amendment is not approved, this Act
2-18     has no effect.
2-19           SECTION 3.  The importance of this legislation and the
2-20     crowded condition of the calendars in both houses create an
2-21     emergency and an imperative public necessity that the
2-22     constitutional rule requiring bills to be read on three several
2-23     days in each house be suspended, and this rule is hereby suspended.