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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 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, the special commissioners |
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shall consider any diminished access to the highway and to or from |
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the remaining property to the extent that it affects the present |
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market value of the real property, including any factors considered |
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when determining actual fair market value of property for ad |
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valorem tax purposes [or for the use, construction, development,
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operation, or maintenance of an improvement or project by a
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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 any special and direct benefits that arise from the
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highway improvement or the transit authority improvement or project
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that are peculiar to the property owner and that relate to the
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property owner's ownership, use, or enjoyment of the particular
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parcel of remaining real property]. |
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SECTION 2. Section 203.034, Transportation Code, is amended |
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by amending Subsection (b) and adding Subsection (c) to read as |
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follows: |
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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 miles |
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[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
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of 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 3. Section 203.0521(b-1), Transportation Code, is |
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repealed. |
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SECTION 4. This Act takes effect September 1, 2009. |