LEGISLATIVE BUDGET BOARD
Austin, Texas
FISCAL NOTE, 77th Regular Session
February 12, 2001
TO: Honorable Frank Madla, Chair, Senate Committee on
Intergovernmental Relations
FROM: John Keel, Director, Legislative Budget Board
IN RE: SB438 by Madla (Relating to permitting the value of
natural resources to be included in the assessment of
damages in a condemnation proceeding in certain
circumstances.), As Introduced
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* No significant fiscal implication to the State is anticipated. *
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Local Government Impact
If a political subdivision has filed a petition under Chapter 21 of the
Property Code for the condemnation of property and intends to use the
natural resources on or under the property, the bill would require that
the local market value of the natural resources be considered along with
the local market value of the land when assessing damages to the property
owner. The Act would take effect September 1, 2001, but would not affect
litigation pending prior to that date.
The provisions of the bill would result in an increased cost to the
political subdivision in property condemnation cases in which natural
resources are intended to be used by the subdivision. The local
government entity would incur the costs of conducting land surveys to
determine the value of the natural resources and would have to pay
higher damages to the property owner than under current statute. The
land surveys are estimated to cost $750 each. It is anticipated that
most natural resources on condemned property would not have an
exceptionally high market value; however, the additional costs of paying
the property owner for natural resources could be significant if the
land contains substantial and high-valued natural resources. For
example, a natural gas asset could be valued starting at approximately
$330,000.
Source Agencies: 592 State Soil & Water Conservation Board, 580
Texas Water Development Board, 582 Texas Natural
Resource Conservation Commission, 455 Railroad
Commission of Texas
LBB Staff: JK, DB, MW