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A BILL TO BE ENTITLED
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AN ACT
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relating to the exercise of eminent domain authority. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 21, Property Code, is |
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amended by adding Section 21.0122 to read as follows: |
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Sec. 21.0122. PROOF OF NECESSITY. (a) In addition to the |
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contents prescribed by Section 21.012(b), a condemnation petition |
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must state that the facts to be proven are that: |
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(1) the petitioner is authorized to condemn property |
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for the purpose for which the property that is the subject of the |
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petition is sought; |
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(2) the use for which the property is sought is a |
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public use that is not prohibited by Section 2206.001, Government |
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Code; and |
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(3) the property sought is necessary to accomplish |
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that public use. |
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(b) If a condemning entity fails to prove any of the facts |
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under Subsection (a), the court shall: |
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(1) deny the condemnation; and |
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(2) award to the property owner the owner's court costs |
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and reasonable attorney's fees and expert witness fees incurred in |
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relation to the condemnation proceeding. |
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SECTION 2. Subsection (a), Section 21.047, Property Code, |
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is amended to read as follows: |
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(a) Special commissioners may adjudge the costs of an |
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eminent domain proceeding against any party. If the commissioners |
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award greater damages than the condemnor offered to pay before the |
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proceedings began or if the decision of the commissioners is |
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appealed and a court awards greater damages than the commissioners |
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awarded, the condemnor shall pay all costs and the property owner's |
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reasonable attorney's fees and expert witness fees. If the |
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commissioners' award or the court's determination of the damages is |
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less than or equal to the amount the condemnor offered before |
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proceedings began, the property owner shall pay the costs. |
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SECTION 3. The change in law made by this Act applies only |
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to a condemnation in which a condemnation petition is filed on or |
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after the effective date of this Act. A condemnation in which the |
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condemnation petition is filed before the effective date of this |
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Act is governed by the law in effect immediately before that date, |
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and that law is 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. |
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