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A BILL TO BE ENTITLED
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AN ACT
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relating to a bill of rights for property owners whose property may |
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be acquired by governmental or private entities through the use of |
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eminent domain authority. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. This Act may be cited as the Landowner's Bill of |
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Rights Act. |
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SECTION 2. Subchapter B, Chapter 402, Government Code, is |
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amended by adding Section 402.031 to read as follows: |
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Sec. 402.031. PREPARATION OF LANDOWNER'S BILL OF RIGHTS |
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STATEMENT. (a) The attorney general shall prepare a written |
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statement that includes a bill of rights for a property owner whose |
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real property may be acquired by a governmental or private entity |
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through the use of the entity's eminent domain authority under |
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Chapter 21, Property Code. |
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(b) The landowner's bill of rights must notify each property |
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owner that the property owner has the right to: |
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(1) notice of the proposed acquisition of the owner's |
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property; |
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(2) a bona fide good faith effort to negotiate by the |
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entity proposing to acquire the property; |
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(3) an assessment of damages to the owner that will |
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result from the taking of the property; |
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(4) a hearing under Chapter 21, Property Code, |
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including a hearing on the assessment of damages; and |
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(5) an appeal of a judgment in a condemnation |
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proceeding, including an appeal of an assessment of damages. |
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(c) The statement must include: |
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(1) the title, "Landowner's Bill of Rights"; and |
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(2) a description of: |
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(A) the condemnation procedure provided by |
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Chapter 21, Property Code; |
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(B) the condemning entity's obligations to the |
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property owner; and |
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(C) the property owner's options during a |
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condemnation, including the property owner's right to object to and |
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appeal an amount of damages awarded. |
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(d) The office of the attorney general shall: |
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(1) write the statement in plain language designed to |
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be easily understood by the average property owner; and |
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(2) make the statement available on the attorney |
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general's Internet website. |
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SECTION 3. Subchapter B, Chapter 21, Property Code, is |
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amended by adding Section 21.0112 to read as follows: |
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Sec. 21.0112. PROVISION OF LANDOWNER'S BILL OF RIGHTS |
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STATEMENT REQUIRED. (a) At least four weeks before the date a |
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governmental or private entity with eminent domain authority |
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intends to begin negotiating with a property owner to acquire real |
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property, the entity must send a landowner's bill of rights |
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statement provided by Section 402.031, Government Code, by |
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certified mail, return receipt requested, to the person in whose |
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name the property is listed on the most recent tax roll of any |
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appropriate taxing unit authorized by law to levy property taxes |
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against the property. |
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(b) The statement must be: |
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(1) printed in an easily readable font and type size; |
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and |
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(2) if the entity is a governmental entity, made |
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available on the Internet website of the entity, if technologically |
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feasible. |
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(c) Subsection (a) does not apply to the exercise of eminent |
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domain authority by a private utility. |
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SECTION 4. Section 21.012(b), Property Code, is amended to |
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read as follows: |
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(b) The petition must: |
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(1) describe the property to be condemned; |
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(2) state the purpose for which the entity intends to |
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use the property; |
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(3) state the name of the owner of the property if the |
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owner is known; [and] |
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(4) state that the entity and the property owner are |
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unable to agree on the damages; and |
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(5) if applicable, state that the entity provided the |
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property owner with the landowner's bill of rights statement in |
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accordance with Section 21.0112. |
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SECTION 5. The office of the attorney general shall prepare |
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the landowner's bill of rights statement required by Section |
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402.031, Government Code, as added by this Act, not later than |
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August 31, 2007. |
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SECTION 6. The changes in law made by this Act apply only to |
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a condemnation proceeding in which the petition is filed on or after |
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the effective date of this Act and to any property condemned through |
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the proceeding. A condemnation proceeding in which the petition is |
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filed before the effective date of this Act and any property |
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condemned through the proceeding is governed by the law in effect |
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immediately before that date, and that law is continued in effect |
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for that purpose. |
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SECTION 7. This Act takes effect September 1, 2007. |