SRC-JLB S.B. 1645 78(R)   BILL ANALYSIS


Senate Research Center   S.B. 1645
78R7207 QS-FBy: Staples
Jurisprudence
4/5/2003
As Filed


DIGEST AND PURPOSE 

Currently, county courts at law and district courts are given authority to
preside over contested condemnation proceedings.  As proposed, S.B. 1645
requires a judge to conduct a bench trial to determine whether the
plaintiff received just compensation and to resolve any jurisdictional
matters;  authorizes the judge to impanel a jury to address valuation
issues, if he or she finds that the plaintiff's property was taken or
damaged without fair compensation;  and sets forth the involved parties
and venue for inverse condemnation cases related to reservoir control. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to
a state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Title 4, Property Code, by adding Chapter 30, as
follows: 

CHAPTER 30.  INVERSE CONDEMNATION

Sec. 30.001.  CONCURRENT JURISDICTION.  Provides that district courts and
county courts at law have concurrent jurisdiction in inverse condemnation
cases.  Provides that a county court has no jurisdiction in inverse
condemnation cases. 
 
Sec. 30.002.  TRANSFER OF CASES.  Requires the judge to transfer the case
to a district court, if an inverse condemnation case is pending in a
county court at law and the court determines that the case involves an
issue of title or any other matter that cannot be fully adjudicated in
that court 
 
Sec. 30.003.  DISTRICT COURT AUTHORITY.  Authorizes a district court to
determine all issues in an inverse condemnation case, including whether
property has been taken or damaged for a public purpose without
compensation and the assessment of damages, in any suit in which this
state, a political subdivision of this state, a person, an association of
persons, or a corporation is a party. 
 
Sec. 30.004.  STANDARD PROCEDURE.  (a)  Requires the judge of a court in
which an inverse condemnation petition is filed to order a bench trial to
determine certain issues. 

(b)  Authorizes the judge to conduct a jury trial on valuation issues, if
the judge determines that the taking of or damage to the property
occurred. 
 
(c)  Requires the judge to dismiss the petition, if the judge determines
that the taking of or damage to the property has not occurred. 
 
Sec. 30.005.  NECESSARY PARTIES IN CERTAIN CASES.  (a)  Provides that in
an inverse condemnation suit alleging a taking of or damage to property as
a result of flooding caused by a release of water from a reservoir, all
upstream reservoirs with a flood storage capacity of 5,000 acre feet or
more are necessary parties and must be joined as parties. 
  
(b)  Requires the court to order that the reservoir be joined as a party,
if an upstream reservoir is not joined as required under Subsection (a). 

Sec. 30.006.  VENUE IN CERTAIN CASES.  Requires an inverse condemnation
action arising from flooding, the impoundment of water, the discharge of
water into a natural watercourse, or the construction or operation of dams
for flood control to be brought in the county in which the principal
office of the defendant is located. 
 
SECTION 2.  Makes application of this Act prospective.
 
SECTION 3.  Effective date:  upon passage or September 1, 2003.