By: Ogden, Nichols S.B. No. 1023

A BILL TO BE ENTITLED

AN ACT

relating to the exercise of eminent domain authority.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subchapter B, Chapter 21, Property Code, is amended by adding Section 21.0122 to read as follows:

Sec. 21.0122. PROOF OF NECESSITY. (a) In addition to the contents prescribed by Section 21.012(b), a condemnation petition must state that the facts to be proven are that:

(1) the petitioner is authorized to condemn property for the purpose for which the property that is the subject of the petition is sought;

(2) the use for which the property is sought is a public use that is not prohibited by Section 2206.001, Government Code; and

(3) the property sought is necessary to accomplish that public use.

(b) If a condemning entity fails to prove any of the facts under Subsection (a), the court may:

(1) deny the condemnation; and

(2) award to the property owner the owner's court costs and reasonable attorney's fees and expert witness fees incurred in relation to the condemnation proceeding.

SECTION 2. Subsection (a), Section 21.047, Property Code, is amended to read as follows:

(a) Special commissioners may adjudge the costs of an eminent domain proceeding against any party. If the commissioners award greater damages than the condemnor offered to pay before the proceedings began or if the decision of the commissioners is appealed and a court awards greater damages than the commissioners awarded, the condemnor shall pay all costs and the property owner's reasonable attorney's fees and expert witness fees. If the commissioners' award or the court's determination of the damages is less than or equal to the amount the condemnor offered before proceedings began, the property owner shall pay the costs.

SECTION 3. The change in law made by this Act applies only to a condemnation in which a condemnation petition is filed on or after the effective date of this Act. A condemnation in which the condemnation petition is filed before the effective date of this Act is governed by the law in effect immediately before that date, and that law is continued in effect for that purpose.

SECTION 4. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2009.