Amend CSHB 2006 (House Committee Printing) as follows:
(1) On page 5, line 4, between "proceeding" and "under",
insert "by filing a petition".
(2) On page 5, line 5, strike "Chapter 21" and substitute
"Section 21.012".
(3) On page 5, line 7, between "Subsection (b)" and the
comma, insert "or Subsection (d)".
(4) On page 5, line 18, after the period and quotation mark,
insert the following:
The description of the property required by this subsection
is sufficient if the description of the location of and interest in
the property that the governmental entity seeks to acquire is
substantially similar to the description that is or could properly
be used in a petition to condemn the property under Section 21.012,
Property Code.
(5) On page 5, between lines 18-19, insert the following:
(d) If a project for a public use described by Section
2206.051(c)(3) will require a governmental entity to acquire
multiple tracts or units of property to construct facilities
connecting one location to another location, the governing body of
the entity may adopt a single ordinance, resolution, or order by a
record vote that delegates the authority to initiate condemnation
proceedings to the chief administrative official of the
governmental entity.
(e) An ordinance, resolution, or order adopted under
Subsection (d) is not required to identify specific properties that
the governmental entity will acquire. The ordinance, resolution,
or order must identify the general area to be covered by the project
or the general route that will be used by the governmental entity
for the project in a way that provides property owners in and around
the area or along the route reasonable notice that the owners'
properties may be subject to condemnation proceedings during the
planning or construction of the project.
(6) On page 5, lines 23 and 24, strike "by voluntary
purchase or lease" and substitute "from the property owner
voluntarily".
(7) On page 6, line 24, strike "by voluntary purchase or
lease" and substitute "from the property owner voluntarily".
(8) On page 7, strike lines 19-20 and substitute the
following:
including any evidence that an owner of real property who desires
but is not obligated to sell the property and a potential purchaser
of the property who is under no necessity to purchase the property
would consider with respect to the property if it were offered for
sale;
(9) On page 8, line 6, strike "by voluntary purchase or
lease" and substitute "from the property owner voluntarily".
(10) Add the following appropriately numbered SECTIONS to
the bill and renumber subsequent SECTIONS of the bill accordingly:
SECTION ____. Section 21.042(e), Property Code, is amended
to read as follows:
(e) If a portion of a tract or parcel of real property is
condemned for the use, construction, operation, or maintenance of
the state highway system or of a county toll project described by
Chapter 284, Transportation Code, that is eligible for designation
as part of the state highway system, [or for the use, construction,
development, operation, or maintenance of an improvement or project
by a metropolitan rapid transit authority created before January 1,
1980, with a principal municipality having a population of less
than 1.9 million and established under Chapter 451, Transportation
Code, the special commissioners shall determine the damage to the
property owner regardless of whether the property owner makes a
claim for damages to the remaining property. In awarding
compensation or assessing the damages,] the special commissioners
shall consider any diminished access to the highway and diminished
access to or from the remaining property to the extent that it
affects the present market value of the property, including any
factors considered when determining the fair market value of
property for ad valorem tax purposes [special and direct benefits
that arise from the highway improvement or the transit authority
improvement or project that are peculiar to the property owner and
that relate to the property owner's ownership, use, or enjoyment of
the particular parcel of remaining real property].
SECTION ____. Subchapter B, Chapter 111, Natural Resources
Code, is amended by adding Section 111.0195 to read as follows:
Sec. 111.0195. RIGHT OF EMINENT DOMAIN: ADDITIONAL
PROCEDURES. (a) This section applies only to a condemnation
proceeding initiated by a common carrier, as that term is defined by
Section 111.002, Natural Resources Code.
(b) A common carrier that intends to exercise the power of
eminent domain must serve the owner of the property to be acquired
with notice that the common carrier intends to initiate
condemnation proceedings on or before the date the common carrier
files a condemnation petition.
(c) The special commissioners in an eminent domain
proceeding to which this section applies:
(1) may not schedule a hearing to assess damages
before the 30th day after the date of the special commissioners'
appointment; and
(2) must serve a property owner with notice informing
the property owner of the time and place of the hearing not later
than the 21st day before the date set for the hearing.
(d) A court that has jurisdiction over a condemnation
proceeding may appoint a replacement special commissioner if:
(1) the property owner or the common carrier objects
to the appointment of a special commissioner by filing a written
statement of the person's objections on the grounds of:
(A) a conflict of interest; or
(B) other good cause; and
(2) the court determines in a hearing that good cause
is shown.
(e) The special commissioners may delay scheduling a
hearing for a reasonable period if, by motion to the court that has
jurisdiction over the condemnation proceeding, the property owner
requests and is granted a delay by the court for good cause shown.
(f) A notice required under this section must be served by:
(1) regular mail; and
(2) certified mail, return receipt requested, to the
property owner.
(g) A common carrier has the burden of proof to establish
that notice was provided as required by Subsection (b).
SECTION ____. Section 111.0195, Property Code, as added by
this Act, applies only to a condemnation proceeding in which the
petition is filed on or after the effective date of this Act and to
any property condemned through the proceeding. A condemnation
proceeding in which the petition is filed before the effective date
of this Act and any property condemned through the proceeding is
governed by the law in effect immediately before that date, and that
law is continued in effect for that purpose.