77R7614 PAM-D
By Turner of Coleman H.B. No. 377
Substitute the following for H.B. No. 377:
By Turner of Coleman C.S.H.B. No. 377
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to permitting the value of natural resources to be
1-3 included in the assessment of damages in a condemnation proceeding
1-4 in certain circumstances.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Subchapter C, Chapter 21, Property Code, is
1-7 amended by adding Section 21.0421 to read as follows:
1-8 Sec. 21.0421. ASSESSMENT OF DAMAGES: NATURAL RESOURCES. (a)
1-9 In this section, "natural resources" means timber, sand or gravel,
1-10 water, oil, natural gas, or other mineral deposits located on or
1-11 under real property.
1-12 (b) If a political subdivision states in its petition filed
1-13 under Section 21.012 that the intended purpose for acquiring real
1-14 property is to develop or use the natural resources located on or
1-15 under the real property, the special commissioners shall admit
1-16 evidence in the special commissioners' hearing relating to the
1-17 local market value of the natural resources in addition to the
1-18 local market value of the real property.
1-19 (c) If the special commissioners are required to admit
1-20 evidence relating to the local market value of natural resources
1-21 under Subsection (b), the special commissioners may assess damage
1-22 to the property owner based on:
1-23 (1) the local market value of the real property,
1-24 excluding the lease value of the natural resources on or under the
2-1 real property, at the time of the special commissioners' hearing;
2-2 and
2-3 (2) the local market value of the natural resources on
2-4 or under the real property at the time of the special
2-5 commissioners' hearing.
2-6 (d) This section does not:
2-7 (1) authorize natural resources located on or under
2-8 real property to be appraised separately from the real property for
2-9 property tax appraisal purposes; or
2-10 (2) subject real property condemned for the purpose
2-11 described by Subsection (b) to an additional tax as provided by
2-12 Section 23.46 or 23.55, Tax Code.
2-13 SECTION 2. (a) This Act takes effect September 1, 2001.
2-14 (b) This Act does not affect any litigation pending on
2-15 September 1, 2001, in any court of competent jurisdiction that
2-16 relates to the assessment of damages in a condemnation proceeding
2-17 under Chapter 21, Property Code.