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A BILL TO BE ENTITLED
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AN ACT
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relating to the assessment of damages to a property owner from |
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condemnation. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 21.041, Property Code, is amended to |
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read as follows: |
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Sec. 21.041. EVIDENCE. As the basis for assessing actual |
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damages to a property owner from a condemnation, the special |
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commissioners shall admit evidence on: |
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(1) the value of the property being condemned; |
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(2) the injury to the property owner, including, if |
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the condemnation makes relocation of a homestead, farm, or business |
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necessary, the financial damages associated with the cost of |
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relocating from the condemned property to another property: |
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(A) in the same municipality or, if the property |
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is not in an incorporated area, the same county; and |
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(B) that allows the property owner, without the |
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necessity of incurring an amount of debt, debt service, or total |
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projected interest obligation that is higher than the property |
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owner was subject to immediately before the condemnation, to: |
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(i) have a standard of living comparable to |
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the property owner's standard of living immediately before the |
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condemnation, if the condemned property is a homestead that is |
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habitable; or |
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(ii) operate a comparable farm or business, |
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if the condemned property is a farm or business; |
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(3) the benefit to the property owner's remaining |
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property; and |
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(4) the use of the property for the purpose of the |
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condemnation. |
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SECTION 2. Section 21.042(d), Property Code, is amended to |
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read as follows: |
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(d) In estimating injury or benefit under Subsection (c), |
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the special commissioners shall consider an injury or benefit that |
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is peculiar to the property owner, including the property owner's |
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financial damages described by Section 21.041(2), and that relates |
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to the property owner's ownership, use, or enjoyment of the |
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particular parcel of real property, but they may not consider an |
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injury or benefit that the property owner experiences in common |
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with the general community. |
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SECTION 3. The change in law made by this Act applies only |
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to a condemnation proceeding in which the petition is filed on or |
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after the effective date of this Act. A condemnation proceeding in |
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which the petition is filed before the effective date of this Act is |
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governed by the law in effect immediately before the effective date |
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of this Act, 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, 2011. |