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A BILL TO BE ENTITLED
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AN ACT
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relating to the determination of damages in connection with the |
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condemnation of certain land for state highway purposes. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 21.042(e), Property Code, is amended to |
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read as follows: |
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(e) If a portion of a tract or parcel of real property is |
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condemned for the use, construction, operation, or maintenance of |
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the state highway system or of a county toll project described by |
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Chapter 284, Transportation Code, that is eligible for designation |
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as part of the state highway system, or for the use, construction, |
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development, operation, or maintenance of an improvement or project |
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by a metropolitan rapid transit authority created before January 1, |
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1980, with a principal municipality having a population of less |
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than 1.9 million and established under Chapter 451, Transportation |
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Code, the special commissioners shall determine the damage to the |
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property owner regardless of whether the property owner makes a |
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claim for damages to the remaining property. In awarding |
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compensation or assessing the damages, the special commissioners |
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shall consider: |
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(1) any special and direct benefits that arise from |
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the highway improvement or the transit authority improvement or |
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project that are peculiar to the property owner and that relate to |
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the property owner's ownership, use, or enjoyment of the particular |
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parcel of remaining real property; and |
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(2) for a portion of a tract or parcel of real property |
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that is outside the municipal limits or the extraterritorial |
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jurisdiction of a municipality with a population of 50,000 or more, |
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any diminished access to or from the remaining property. |
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SECTION 2. Section 203.0521(b-1), Transportation Code, is |
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repealed. |
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SECTION 3. 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 4. This Act takes effect September 1, 2007. |