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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 Subsection (c) and adding Subsections (d-1), (e-1), (h), |
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and (i) to 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 damages caused |
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by the condemnation to the remaining portion of the tract or parcel, |
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the total amount of the award for damages to the property condemned |
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and the remaining property must be based on the difference in the |
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local market value of the entire tract or parcel immediately before |
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the condemnation and the local market value of the remaining |
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property immediately after the condemnation, considering any |
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benefit or injury that the construction or operation of the project |
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for which the property was condemned has [special commissioners
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shall determine the damage to the property owner after estimating
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the extent of the injury and benefit to the property owner,
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including the effect of the condemnation] on the local market value |
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of the property owner's remaining property. |
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(d-1) Any increase or decrease in the local market value of |
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an 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 local market value of that property before |
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condemnation. Any increase or decrease in the local market value of |
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an owner's remaining real property caused by the condemnor's |
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proposed project after the condemnation shall be considered in |
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estimating the local market value of that property after the |
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condemnation. |
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(e-1) In the case of a condemnation of real property by or |
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for the Texas Department of Transportation for a state or federal |
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highway, in estimating the local market value of the property |
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condemned, including the local market value of any remaining |
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property, if a portion of a tract or parcel of real property is |
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condemned, the special commissioners shall consider all factors |
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considered in the marketplace that may affect the property's local |
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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 the property's highest and best use; and |
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(5) the property's access to utilities and drainage. |
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(h) The effect that the condemnation has on any of the local |
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market value characteristics required to be considered under |
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Subsection (e-1) shall be considered in estimating the local market |
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value of any remaining portion of a tract or parcel of real property |
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that is condemned regardless of whether any other property in the |
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area is similarly affected by the condemnation. |
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(i) 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 nonprofit 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 nonprofit 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. Sections 21.042(d), (e), and (g), Property Code, |
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are repealed. |
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SECTION 3. The changes in law made by this Act apply only to |
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the 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 begins before |
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the effective date of this Act is governed by the law in effect |
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immediately before the effective date of this Act, and that law is |
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continued in effect for that purpose. |
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SECTION 4. 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, 2009. |