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repealed.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