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Amend SB 792 (committee printing) by adding the following
SECTION to the bill, appropriately numbered, and renumbering
existing SECTIONS accordingly:
SECTION ____. (a) 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 commissioner
shall consider:
(1) any 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; and
(2) for a portion of a tract or parcel of real property
that is outside the municipal limits or the extraterritorial
jurisdiction of a municipality with a population of 50,000 or more,
any diminished access to or from the remaining property.
(b) Section 203.0521(b-1), Transportation Code, is repealed.
(c) The change in law made by this section applies only to a
condemnation proceeding in which the condemnation petition is filed
on or after the effective date of this section. A condemnation
proceeding pending on the effective date of this section is
governed by the law in effect immediately before the effective date
of this section, and that law is continued in effect for that
purpose.
(d) This section takes effect September 1, 2007.
(Speaker in the chair)