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A BILL TO BE ENTITLED
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AN ACT
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relating to assessment of damages and award of costs and attorney's |
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fees in condemnation proceedings. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 21.041, Property Code, is amended to |
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read as follows: |
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Sec. 21.041. EVIDENCE. As the basis for assessing [actual] |
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damages to a property owner from a condemnation, the special |
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commissioners shall admit evidence on: |
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(1) the value of the property being condemned; |
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(2) each [the] injury or loss to the property owner |
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that a reasonably prudent person would consider in a privately |
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negotiated transaction for the sale of the property; |
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(3) if the property owner claims that the owner's |
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remaining property will be damaged by the condemnation, each [the] |
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benefit, if any, to the property owner's remaining property that a |
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reasonably prudent person would consider in a privately negotiated |
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transaction for the sale of the property; and |
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(4) if the special commissioners can reasonably infer |
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that revenues will be generated that are directly attributable to |
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the project for which the property is being condemned, the value of |
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the property when used for the purpose for which the property is |
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being condemned [the use of the property for the purpose of the
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condemnation]. |
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SECTION 2. Subchapter C, Chapter 21, Property Code, is |
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amended by adding Section 21.0415 to read as follows: |
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Sec. 21.0415. MINIMUM DAMAGES. Notwithstanding the other |
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provisions of this subchapter, damages assessed under this chapter: |
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(1) must be in an amount that constitutes adequate |
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compensation for the property owner for the condemnation; and |
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(2) may not be less than the sum of: |
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(A) the market value of the property being |
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condemned; and |
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(B) the diminution in the market value of any of |
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the property owner's property that is not condemned but is damaged |
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by the condemnation. |
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SECTION 3. Section 21.047(a), Property Code, is amended to |
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read as follows: |
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(a) Special commissioners may adjudge the costs of an |
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eminent domain proceeding against any party. If the commissioners |
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award greater damages than the condemnor offered to pay before the |
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proceedings began or if the decision of the commissioners is |
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appealed and a court awards greater damages than the commissioners |
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awarded, the condemnor shall pay all costs incurred by the property |
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owner in the condemnation proceedings, including attorney's fees |
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and expert's fees. If the commissioners' award or the court's |
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determination of the damages is less than or equal to the amount the |
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condemnor offered before proceedings began, the property owner |
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shall pay the costs. |
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SECTION 4. The change in law made by this Act applies only |
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to a condemnation proceeding in which the condemnation petition is |
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filed on or after the effective date of this Act. A condemnation |
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proceeding pending on the effective date of this Act is governed by |
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the law in effect immediately before the effective date of this Act, |
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and that law is continued in effect for that purpose. |
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SECTION 5. This Act takes effect September 1, 2007. |