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By: Wentworth S.B. No. 1708
Substitute the following for S.B. No. 1708:
By: Mowery C.S.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. Section 25.1032, Government Code, is amended by
amending Subsection (c) and adding Subsection (m) to read as
follows:
(c) A county civil court at law in Harris County has
concurrent [exclusive] jurisdiction with the district court [in
Harris County] of eminent domain proceedings, both statutory and
inverse, and of proceedings involving repurchase of real property
acquired by a governmental entity through eminent domain under
Subchapter E, Chapter 21, Property Code, regardless of the amount
in controversy. Notwithstanding Section 21.013, Property Code, a
party initiating a condemnation proceeding in Harris County may
file a petition with any clerk authorized to accept the petition for
the district courts. A condemnation proceeding shall be assigned
by rotation to a court with jurisdiction to hear the proceeding. In
addition to other jurisdiction provided by law, a county civil
court at law has jurisdiction to:
(1) decide the issue of title to real or personal
property;
(2) hear a suit to recover damages for slander or
defamation of character;
(3) hear a suit for the enforcement of a lien on real
property;
(4) hear a suit for the forfeiture of a corporate
charter;
(5) hear a suit for the trial of the right to property
valued at $200 or more that has been levied on under a writ of
execution, sequestration, or attachment; and
(6) hear a suit for the recovery of real property.
(m) Notwithstanding Section 62.301, for a condemnation
proceeding before a county civil court at law, a party may elect to
have the proceeding tried before a jury of 12 persons.
SECTION 4. (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 5. This Act takes effect January 1, 2004.