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A BILL TO BE ENTITLED
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AN ACT
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relating to access to the state highway system and damages for |
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diminished access to the state highway system. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 203.0521(b-1), Transportation Code, is |
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repealed. |
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SECTION 2. 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 condemned |
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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 284, |
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Transportation Code, that is eligible for designation as part of |
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the state highway system, the special commissioners shall consider |
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any diminished access to the highway and to or from the remaining |
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property to the extent that it affects the present market value of |
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the real property, including any factors considered when |
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determining actual fair market value of property for ad valorem tax |
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purposes [or for the use, construction, development, operation, or
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maintenance of an improvement or project by a metropolitan rapid
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transit authority created before January 1, 1980, with a principal
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municipality having a population of less than 1.9 million and
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established under Chapter 451, Transportation Code, the special
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commissioners shall determine the damage to the property owner
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regardless of whether the property owner makes a claim for damages
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to the remaining property. In awarding compensation or assessing
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the damages, the special commissioners shall consider any special
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and 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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SECTION 3. Section 203.034, Transportation Code, is amended |
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to read as follows: |
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Sec. 203.034. RIGHT TO ACCESS; DAMAGES FOR DENIAL OF |
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ACCESS. (a) An owner of real property adjoining a new controlled |
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access highway location is not entitled to access to the new highway |
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location as a matter of right. |
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(b) In a county with a population of less than 50,000, |
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access shall be provided at intervals not to exceed five |
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miles.[Denial of access to or from a new controlled access highway
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location is not a ground for special or exemplary damages unless:
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(1) in connection with the purchase or condemnation of
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the real property adjoining the new controlled access highway
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location and to be used in the new highway location, the commission
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specifically authorizes access to or from particular real property
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adjoining the new highway location; and
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(2) the commission denies highway access to or from
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the particular land where the real property adjoins the new
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highway.] |
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(c) Damages for loss of access or diminished access shall be |
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considered by the special commissioners in a condemnation hearing |
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to the extent that it affects the present market value of the real |
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property, including any factors considered when determining actual |
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fair market value of property for ad valorem tax purposes. |
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SECTION 4. This Act takes effect September 1, 2007. |