78R7207 QS-F
By: Callegari H.B. No. 2478
A BILL TO BE ENTITLED
AN ACT
relating to inverse condemnation cases.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Title 4, Property Code, is amended by adding
Chapter 30 to read as follows:
CHAPTER 30. INVERSE CONDEMNATION
Sec. 30.001. CONCURRENT JURISDICTION. District courts and
county courts at law have concurrent jurisdiction in inverse
condemnation cases. A county court has no jurisdiction in inverse
condemnation cases.
Sec. 30.002. TRANSFER OF CASES. 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, the judge shall transfer
the case to a district court.
Sec. 30.003. DISTRICT COURT AUTHORITY. A district court
may 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) The judge of a court
in which an inverse condemnation petition is filed shall order a
bench trial to:
(1) determine whether the property owned by the
plaintiff was taken or damaged for a public purpose without
compensation; and
(2) resolve any jurisdictional matters.
(b) If the judge determines that the taking of or damage to
the property occurred, the judge may conduct a jury trial on
valuation issues.
(c) If the judge determines that the taking of or damage to
the property has not occurred, the judge shall dismiss the
petition.
Sec. 30.005. NECESSARY PARTIES IN CERTAIN CASES. (a) 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) If an upstream reservoir is not joined as required under
Subsection (a), the court shall order that the reservoir be joined
as a party.
Sec. 30.006. VENUE IN CERTAIN CASES. 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 shall be
brought in the county in which the principal office of the defendant
is located.
SECTION 2. The change in law made by this Act applies only
to an inverse condemnation action filed on or after the effective
date of this Act. An inverse condemnation action filed before the
effective date of this Act is governed by the law in effect on the
date the action was filed, and the former law is continued in effect
for that purpose.
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2003.