C.S.S.B. 1708 78(R)    BILL ANALYSIS


C.S.S.B. 1708
By: Wentworth
Land & Resource Management
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Currently, no mechanism exists to allow a person whose property was
acquired by the government through eminent domain, when the project for
which the property was acquired is canceled, to get the property back,
other than a bidding process.   

C.S.S.B. 1708 requires the government to contact the last owner and offer
the person the property before it is set for sale through the bidding
process. The bill also provides a mechanism to allocate eminent domain
case loads. 

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency, or
institution. 

ANALYSIS

SECTION 1.Amends Subchapter B, Chapter 21, Property Code, by adding a new
Section 21.023, as follows: 

Requires a governmental entity to disclose certain things to a property
owner at the time property is taken through eminent domain procedures
(right to repurchase the property if it is later not used for a public
use, repurchase price is the fair market value). 

SECTION 2.  Amends Chapter 21, Property Code, by adding Subchapter E, as
follows: 

Provides that the subchapter applies only to a real property interest
acquired by a governmental entity through eminent domain for a public use
that was later cancelled. 

Provides that the subchapter does not apply to right-of-ways under the
jurisdiction of a county, municipality, or TxDOT 

Requires the governmental entity to send by certified mail to each
property owner a notice containing certain information. 

Requires the governmental entity, on request of the person, to offer to
sell the property interest to that person for the fair market value. 

SECTION 3.  Amends Section 25.1032, Government Code, by amending
Subsection (c) and adding Subsection (m), as follows: 

Provides that a county civil court at law in Harris County has concurrent,
rather than exclusive, jurisdiction with the district court of eminent
domain proceedings, both statutory and inverse, regardless of the amount
in controversy.  

Authorizes a party initiating a condemnation proceeding in Harris County
to  file a petition with any clerk authorized to accept the petition for
the district courts.  

Requires a condemnation proceeding to be assigned by rotation to a court
with jurisdiction to hear the proceeding. 

Authorizes a party for a condemnation proceeding before a county civil
court at law, to have the proceeding tried before a jury of 12 persons. 

SECTION 4.Act prospective.

SECTION 5.Effective date.


EFFECTIVE DATE

January 1, 2004.

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.S.B. 1708 adds a new SECTION 3 regarding lessening caseloads of courts
that handle eminent domain proceedings.