79R8136 AJA-D
By: Hegar H.B. No. 2246
A BILL TO BE ENTITLED
AN ACT
relating to the amount of damages offered to a real property owner
by an entity exercising the power of eminent domain.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 21.0111, Property Code, is amended by
adding Subsection (c) to read as follows:
(c) A condemning entity described by Section 21.012(a)
shall provide to the property owner a written estimate of the value
that will be offered to the owner for the property interest to be
acquired through the exercise of the entity's eminent domain
authority and a statement that the estimate is a preliminary
valuation and is subject to change after a formal appraisal is
conducted. A governmental entity shall provide the estimate
required by this subsection in addition to the appraisal reports
required to be disclosed under Subsection (a). Any other entity
subject to this subsection must provide the estimate at the time the
entity initially contacts the owner with respect to the entity's
intent to exercise the entity's eminent domain authority.
SECTION 2. The change in law made by this Act applies only
to information disclosed by a governmental entity under Section
21.0111(a), Property Code, on or after the effective date of this
Act or an initial contact of a property owner by a condemning entity
other than a governmental entity that is made on or after the
effective date of this Act. A disclosure or initial contact made
before the effective date of this Act is governed by the law in
effect immediately before that date, and that law is continued in
effect for that purpose.
SECTION 3. This Act takes effect September 1, 2005.