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A BILL TO BE ENTITLED
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AN ACT
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relating to assessment of damages in a condemnation proceeding. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 21.042, Property Code, is amended by |
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amending Subsections (c)-(e) and adding Subsections (f) and (g) to |
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read as follows: |
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(c) If a portion of a tract or parcel of real property is |
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condemned and the property owner seeks an award for damage caused by |
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the condemnation to the property owner's remaining property, the |
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total amount of the award for damage to the property condemned and |
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to the remaining property is based on the difference in the local |
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market value of the entire property immediately before the |
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condemnation and the local market value of the remaining property |
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immediately after the condemnation, considering any benefit or |
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injury that the construction or operation of the condemnor's |
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project has on the market value of the remaining property[, the
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special commissioners shall determine the damage to the property
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owner after estimating the extent of the injury and benefit to the
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property owner, including the effect of the condemnation on the
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value of the property owner's remaining property]. |
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(d) Any increase or decrease in the market value of an |
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entire tract or parcel of real property caused by the condemnor's |
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proposed project before the condemnation may not be considered in |
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estimating the market value of that property before condemnation. |
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Any increase or decrease in the market value of any remaining real |
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property caused by the condemnor's proposed project after the |
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condemnation shall be considered in estimating the market value of |
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that property after the condemnation [In estimating injury or
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benefit under Subsection (c), the special commissioners shall
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consider an injury or benefit that is peculiar to the property owner
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and that relates to the property owner's ownership, use, or
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enjoyment of the particular parcel of real property, but they may
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not consider an injury or benefit that the property owner
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experiences in common with the general community]. |
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(e) In the case of a condemnation by or for the Texas |
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Department of Transportation of real property for a state or |
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federal highway, in estimating the market value of the property |
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condemned and of any remaining property if [If] a portion of a tract |
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or parcel of real property is condemned, the special commissioners |
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shall consider all factors considered in the marketplace that may |
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affect the property's market value, including: |
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(1) vehicular and pedestrian access to and from and on |
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and off the property; |
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(2) traffic circulation and count in and around the |
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property; |
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(3) visibility and appearance of and from the |
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property; |
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(4) productivity and convenience of use of the |
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property, including its highest and best use; and |
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(5) the property's access to utilities and drainage |
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[for the use, construction, operation, or maintenance of the state
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highway system or of a county toll project described by Chapter 304,
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Acts of the 50th Legislature, Regular Session, 1947 (Article
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6795b-1, Vernon's Texas Civil Statutes), that is eligible for
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designation as part of the state highway system, or for the use,
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construction, development, operation, or maintenance of an
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improvement or project by a metropolitan rapid transit authority
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created before January 1, 1980, with a principal city having a
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population of less than 1,200,000 and established under Chapter
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141, Acts of the 63rd Legislature, Regular Session, 1973 (Article
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1118x, Vernon's Texas Civil Statutes), the special commissioners
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shall determine the damage to the property owner regardless of
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whether the property owner makes a claim for damages to the
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remaining property. In awarding compensation or assessing the
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damages, the special commissioners shall consider any special and
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direct benefits that arise from the highway improvement or the
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transit authority improvement or project that are peculiar to the
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property owner and that relate to the property owner's ownership,
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use, or enjoyment of the particular parcel of remaining real
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property]. |
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(f) The effect that the condemnation has on any of the |
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market value characteristics required to be considered under |
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Subsection (e) shall be considered in estimating the market value |
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of any remaining portion of a tract or parcel of real property that |
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is condemned regardless of whether any other property in the area is |
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similarly affected by the condemnation. |
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(g) Notwithstanding any other provision of this section, if |
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the property condemned is owned by a public entity or by a person |
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organized and operated on a non-profit basis and the property is |
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devoted to and needed by the property owner in good faith to perform |
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a public function or to provide a non-profit educational, |
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charitable, or eleemosynary service, the damage award may not be |
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less than the financial cost of replacing the property. |
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SECTION 2. The changes in law made by this Act apply only to |
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assessment of damages in a condemnation proceeding for which a |
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special commissioners' hearing begins on or after the effective |
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date of this Act. Assessment of damages in a condemnation |
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proceeding for which a special commissioners' hearing began before |
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the effective date of this Act is governed by the law as it existed |
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at the time the hearing began, and the former law is continued in |
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effect for that purpose. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2007. |