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By:  Wentworth                                                    S.B. No. 1708


A BILL TO BE ENTITLED

AN ACT

relating to the repurchase of real property acquired by a 
governmental entity through eminent domain.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subchapter B, Chapter 21, Property Code, is 
amended by adding Section 21.023 to read as follows:
	Sec. 21.023.  DISCLOSURE OF INFORMATION REQUIRED AT TIME OF 
ACQUISITION.  A governmental entity shall disclose in writing to 
the property owner, at the time of acquisition of the property 
through eminent domain, that:
		(1)  the owner or the owner's heirs, successors, or 
assigns are entitled to repurchase the property if the public use 
for which the property was acquired through eminent domain is 
canceled before the 10th anniversary of the date of acquisition; 
and
		(2)  the repurchase price is the fair market value of 
the property at the time the public use was canceled.
	SECTION 2.  Chapter 21, Property Code, is amended by adding 
Subchapter E to read as follows:

SUBCHAPTER E.  REPURCHASE OF REAL PROPERTY FROM GOVERNMENTAL 
ENTITY
	Sec. 21.101.  APPLICABILITY.  (a)  Except as provided in 
Subsection (b), this subchapter applies only to a real property 
interest acquired by a governmental entity through eminent domain 
for a public use that was canceled before the 10th anniversary of 
the date of acquisition.
	(b)  This subchapter does not apply to a right-of-way under 
the jurisdiction of:
		(1)  a county;                                                         
		(2)  a municipality; or                                                
		(3)  the Texas Department of Transportation.                           
	Sec. 21.102.  NOTICE TO PREVIOUS PROPERTY OWNER AT TIME OF 
CANCELLATION OF PUBLIC USE.  Not later than the 180th day after the 
date of the cancellation of the public use for which real property 
was acquired through eminent domain from a property owner under 
Subchapter B, the governmental entity shall send by certified mail, 
return receipt requested, to the property owner or the owner's 
heirs, successors, or assigns a notice containing:
		(1)  an identification, which is not required to be a 
legal description, of the property that was acquired;
		(2)  an identification of the public use for which the 
property had been acquired and a statement that the public use has 
been canceled; and
		(3)  a description of the person's right under this 
subchapter to repurchase the property.
	Sec. 21.103.  RESALE OF PROPERTY; PRICE.  (a)  Not later 
than the 180th day after the date of the postmark on the notice sent 
under Section 21.102, the property owner or the owner's heirs, 
successors, or assigns must notify the governmental entity of the 
person's intent to repurchase the property interest under this 
subchapter.
	(b)  As soon as practicable after receipt of the notification 
under Subsection (a), the governmental entity shall offer to sell 
the property interest to the person for the fair market value of the 
property at the time the public use was canceled.  The person's 
right to repurchase the property expires on the 90th day after the 
date on which the governmental entity makes the offer.
	SECTION 3.  (a)  Subchapter E, Chapter 21, Property Code, as 
added by this Act, applies only to a real property interest acquired 
by a governmental entity on or after the effective date of this Act.
	(b)  A real property interest that was acquired by a 
governmental entity before the effective date of this Act through 
eminent domain for a public use is governed by the law as it existed 
immediately before the effective date of this Act, and that law is 
continued in effect for that purpose.
	SECTION 4.  This Act takes effect January 1, 2004.