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A BILL TO BE ENTITLED
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AN ACT
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relating to the property valuation information required to be |
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provided regarding property to be acquired by eminent domain. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 21.011 and 21.0111, Property Code, are |
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amended to read as follows: |
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Sec. 21.011. STANDARD PROCEDURE. Exercise of the eminent |
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domain authority in all cases is governed by Sections 21.0111 |
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[21.012] through 21.016 [of this code]. |
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Sec. 21.0111. [DISCLOSURE OF] INFORMATION REQUIRED TO BE |
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PROVIDED. (a) This section applies only to: |
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(1) a governmental entity with eminent domain |
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authority that acquires property for public use; and |
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(2) a person with eminent domain authority that |
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produces, gathers, transports, distributes, or sells natural gas. |
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(a-1) A person to whom this section applies [A governmental
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entity with eminent domain authority] that wants to use eminent |
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domain authority to acquire real property [for a public use] shall |
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provide, by certified mail, return receipt requested, [disclose] to |
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the property owner at the time an offer to purchase or lease the |
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property is made a copy of any and all existing appraisal reports |
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produced or acquired by the person [governmental entity] relating |
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specifically to the owner's property and used in determining the |
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final valuation offer. |
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(b) A property owner shall provide [disclose] to the |
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acquiring person a copy of [governmental entity] any and all |
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existing appraisal reports produced or acquired by the property |
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owner relating specifically to the owner's property and used in |
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determining the owner's opinion of value. The property owner [Such
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disclosure] shall provide each copy [take place] within 10 days of |
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receipt of appraisal reports but no later than 10 days prior to the |
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special commissioner's hearing. |
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(c) The initial offer to purchase made by the acquiring |
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person must also include: |
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(1) a copy of this section; |
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(2) a written estimate of: |
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(A) the fair market value of the property the |
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acquiring person is offering to acquire or lease; and |
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(B) the amount of damages to the property owner's |
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remaining property, if any, that will result from the acquisition |
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or lease; and |
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(3) a statement that the property owner has a right to |
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make a written request to the acquiring person for: |
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(A) an appraisal of the property, at the |
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acquiring person's expense; and |
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(B) information described by Subsection (d) |
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regarding transactions involving the acquiring person for property |
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the acquiring person intends to use for a similar purpose. |
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(d) On a property owner's written request, the acquiring |
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person shall disclose each appraisal report completed, offer to |
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purchase or lease made, and negotiated purchase or lease price paid |
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by the acquiring person for property acquired or leased by the |
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acquiring person: |
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(1) for a purpose related to the purpose for which the |
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acquiring person seeks to acquire or lease the property owner's |
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property; and |
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(2) that is adjacent to the property owner's property. |
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(e) A subsequent bona fide purchaser for value from the |
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acquiring person [governmental entity] may conclusively presume |
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that the requirement of this section has been met. This section |
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does not apply to acquisitions of real property for which an |
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acquiring person [a governmental entity] does not have eminent |
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domain authority. |
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SECTION 2. This Act takes effect September 1, 2009. |