1-1 By: Armbrister S.B. No. 1316 1-2 (In the Senate - Filed March 11, 1999; March 15, 1999, read 1-3 first time and referred to Committee on Natural Resources; 1-4 May 6, 1999, reported adversely, with favorable Committee 1-5 Substitute by the following vote: Yeas 6, Nays 0; May 6, 1999, 1-6 sent to printer.) 1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 1316 By: Armbrister 1-8 A BILL TO BE ENTITLED 1-9 AN ACT 1-10 relating to the requiring of notice and the assessment of damages 1-11 in a condemnation proceeding. 1-12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-13 SECTION 1. Subchapter C, Chapter 21, Property Code, is 1-14 amended by adding Section 21.0411 to read as follows: 1-15 Sec. 21.0411. ALTERNATE VALUATION DATE; NOTICE. (a) In a 1-16 condemnation proceeding under this chapter, the property owner may 1-17 choose a date for determining the value of the property to be 1-18 condemned other than the date prescribed by Section 21.042(b). The 1-19 property owner may choose any date after the date the condemnor 1-20 publicly manifests an intention to acquire the owner's property if 1-21 the date is: 1-22 (1) on or before the special commissioners' hearing 1-23 date; and 1-24 (2) within the five years preceding the date of the 1-25 hearing. 1-26 (b) A governmental entity that files a petition under 1-27 Section 21.012 shall provide written notice to the property owner 1-28 of the property to be condemned by certified mail, return receipt 1-29 requested, not later than the 10th day after the date the entity 1-30 files the petition informing the property owner of: 1-31 (1) the property owner's right to choose under 1-32 Subsection (a); and 1-33 (2) the period prescribed by Subsection (c) for 1-34 providing notice to the condemnor regarding the owner's choice. 1-35 (c) The property owner must provide written notice to the 1-36 condemnor by certified mail, return receipt requested, not later 1-37 than the 45th day after the date the property owner receives the 1-38 notice under Subsection (b) informing the condemnor of the property 1-39 owner's choice of valuation date under Subsection (a). 1-40 (d) Notwithstanding Subsection (a), only the improvements 1-41 existing on the property on the date of the special commissioners' 1-42 hearing may be considered in determining the property's value for 1-43 purposes of this chapter. 1-44 SECTION 2. Subsections (b), (c), and (e), Section 21.042, 1-45 Property Code, are amended to read as follows: 1-46 (b) If an entire tract or parcel of real property is 1-47 condemned, the damage to the property owner is the local market 1-48 value of the property: 1-49 (1) at the time of the special commissioners' hearing; 1-50 or 1-51 (2) on the date chosen by the property owner under 1-52 Section 21.0411. 1-53 (c) If a portion of a tract or parcel of real property is 1-54 condemned, the special commissioners shall determine the damage to 1-55 the property owner after estimating the extent of the injury and 1-56 benefit to the property owner, including the effect of the 1-57 condemnation on the value of the property owner's remaining 1-58 property. For purposes of this subsection, the value of property 1-59 is determined in the same manner as authorized for determining the 1-60 value of property under Subsection (b). 1-61 (e) If a portion of a tract or parcel of real property is 1-62 condemned for the use, construction, operation, or maintenance of 1-63 the state highway system or of a county toll project described by 1-64 Chapter 284, Transportation Code, that is eligible for designation 2-1 as part of the state highway system, or for the use, construction, 2-2 development, operation, or maintenance of an improvement or project 2-3 by a metropolitan rapid transit authority created before January 1, 2-4 1980, with a principal municipality having a population of less 2-5 than 1,200,000 and established under Chapter 451, Transportation 2-6 Code, the special commissioners shall determine the damage to the 2-7 property owner regardless of whether the property owner makes a 2-8 claim for damages to the remaining property. In awarding 2-9 compensation or assessing the damages, the special commissioners 2-10 shall consider any special and direct benefits that arise from the 2-11 highway improvement or the transit authority improvement or project 2-12 that are peculiar to the property owner and that relate to the 2-13 property owner's ownership, use, or enjoyment of the particular 2-14 parcel of remaining real property. For purposes of this 2-15 subsection, the value of property is determined in the same manner 2-16 as authorized for determining the value of property under 2-17 Subsection (b). 2-18 SECTION 3. The changes in law made by this Act apply only to 2-19 assessment of damages in a condemnation proceeding for which a 2-20 special commissioners' hearing begins on or after the effective 2-21 date of this Act. Assessment of damages in a condemnation 2-22 proceeding for which a special commissioners' hearing began before 2-23 the effective date of this Act is governed by the law as it existed 2-24 at the time the hearing began, and the former law is continued in 2-25 effect for that purpose. 2-26 SECTION 4. This Act takes effect September 1, 1999, but only 2-27 if S.B. No. 1547, Acts of the 76th Legislature, Regular Session, 2-28 1999, is enacted and becomes law. If S.B. No. 1547, Acts of the 2-29 76th Legislature, Regular Session, 1999, is not enacted or does not 2-30 become law, this Act has no effect. 2-31 SECTION 5. The importance of this legislation and the 2-32 crowded condition of the calendars in both houses create an 2-33 emergency and an imperative public necessity that the 2-34 constitutional rule requiring bills to be read on three several 2-35 days in each house be suspended, and this rule is hereby suspended. 2-36 * * * * *