LEGISLATIVE BUDGET BOARD
Austin, Texas
FISCAL NOTE, 76th Regular Session
April 30, 1999
TO: Honorable Gary Walker, Chair, House Committee on Land &
Resource Management
FROM: John Keel, Director, Legislative Budget Board
IN RE: HB 1186 by Hilbert (relating to the commencement of a
special commissioners' hearing in an eminent domain
proceeding), Committee Report 1st House, Substituted
**************************************************************************
* No significant fiscal implication to the State is anticipated. *
* *
* The bill would make no appropriation but could provide the legal *
* basis for an appropriation of funds to implement the provisions of *
* the bill. *
**************************************************************************
Fiscal Analysis
The bill would dismiss any condemnation proceeding in which the
evidentiary hearing would not commence before the 90th day after a
condemnation petition is filed. The dismissal could be waived in cases
where the condemnor and condemnee agree to a hearing date beyond the 90
days and in cases where the delay is not attributable to the condemnor.
In cases where a proceeding is dismissed, the court could order the
condemnor, which could be a state agency or a political subdivision, to
reimburse a property owner for reasonable and necessary attorneys' fees,
appraisers, photographers and other expenses.
Methodology
According to the Attorney General's Office, the bill could result in
numerous condemnation proceedings by state agencies being dismissed,
since the majority of special commissioners' hearings are scheduled more
than 90 days after a petition is filed.
The Texas Department of Transportation (TXDOT) estimates that
approximately half, or 62, of the 125 eminent domain cases the agency
handles per year could be dismissed because of the 90-day hearing limit.
TXDOT estimates that the dismissal and subsequent refiling of cases
will result in significant delays in obtaining possession of parcels of
land needed for highway construction. The delays could result in
substantial cost, depending on the length of the delay.
Local Government Impact
Units of local government condemning property could incur costs,
depending on the number of eminent domain proceedings that would be
dismissed and the delay this would cause to infrastructure projects.
Source Agencies: 601 Department of Transportation, 302 Office Of
The Attorney General
LBB Staff: JK, DE, TL