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A BILL TO BE ENTITLED
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AN ACT
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relating to procedures in an eminent domain proceeding initiated by |
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certain common carriers. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 111, Natural Resources |
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Code, is amended by adding Section 111.0195 to read as follows: |
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Sec. 111.0195. RIGHT OF EMINENT DOMAIN: ADDITIONAL |
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PROCEDURES. (a) This section applies only to a condemnation |
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proceeding initiated by a common carrier, as that term is defined by |
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Section 111.002, Natural Resources Code. |
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(b) A common carrier that intends to exercise the power of |
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eminent domain must serve the owner of the property to be acquired |
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with notice that the common carrier intends to initiate |
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condemnation proceedings on or before the date the common carrier |
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files a condemnation petition. |
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(c) The special commissioners in an eminent domain |
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proceeding to which this section applies: |
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(1) may not schedule a hearing to assess damages |
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before the 30th day after the date of the special commissioners' |
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appointment; and |
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(2) must serve a property owner with notice informing |
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the property owner of the time and place of the hearing not later |
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than the 21st day before the date set for the hearing. |
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(d) A court that has jurisdiction over a condemnation |
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proceeding may appoint a replacement special commissioner if: |
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(1) the property owner or the common carrier objects |
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to the appointment of a special commissioner by filing a written |
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statement of the person's objections on the grounds of: |
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(A) a conflict of interest; or |
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(B) other good cause; and |
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(2) the court determines in a hearing that good cause |
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is shown. |
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(e) The special commissioners may delay scheduling a |
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hearing for a reasonable period if, by motion to the court that has |
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jurisdiction over the condemnation proceeding, the property owner |
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requests and is granted a delay by the court for good cause shown. |
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(f) A notice required under this section must be served by: |
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(1) regular mail; and |
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(2) certified mail, return receipt requested, to the |
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property owner. |
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(g) A common carrier has the burden of proof to establish |
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that notice was provided as required by Subsection (b). |
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SECTION 2. 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 3. This Act takes effect September 1, 2007. |