|
|
|
A BILL TO BE ENTITLED |
|
AN ACT |
|
relating to the use of eminent domain
authority. |
|
BE IT ENACTED BY THE
LEGISLATURE OF THE STATE OF TEXAS: |
|
SECTION 1. Chapter
2206, Government Code, is amended to |
|
read as follows: |
|
CHAPTER 2206.
[LIMITATIONS ON USE OF] EMINENT DOMAIN |
|
SUBCHAPTER A.
LIMITATIONS ON PURPOSE AND USE OF PROPERTY ACQUIRED |
|
THROUGH EMINENT
DOMAIN |
|
Sec. 2206.001.
LIMITATION ON EMINENT DOMAIN FOR PRIVATE |
|
PARTIES OR ECONOMIC DEVELOPMENT
PURPOSES. (a) This section |
|
applies to the use of eminent domain
under the laws of this state, |
|
including a local or special law, by
any governmental or private |
|
entity, including: |
|
(1) a
state agency, including an institution of higher |
|
education as defined by Section 61.003,
Education Code; |
|
(2) a
political subdivision of this state; or |
|
(3) a
corporation created by a governmental entity to |
|
act on behalf of the entity. |
|
(b) A
governmental or private entity may not take private |
|
property through the use of eminent
domain if the taking: |
|
(1) confers
a private benefit on a particular private |
|
party through the use of the
property; |
|
(2) is
for a public use that is merely a pretext to |
|
confer a private benefit on a
particular private party; [or] |
|
(3) is
for economic development purposes, unless the |
|
economic development is a secondary
purpose resulting from |
|
municipal community development or
municipal urban renewal |
|
activities to eliminate an existing
affirmative harm on society |
|
from slum or blighted areas
under: |
|
(A) Chapter
373 or 374, Local Government Code, |
|
other than an activity described by
Section 373.002(b)(5), Local |
|
Government Code; or |
|
(B) Section
311.005(a)(1)(I), Tax Code; or |
|
(4) is
not for a public use. |
|
(c) This
section does not affect the authority of an entity |
|
authorized by law to take private
property through the use of |
|
eminent domain for: |
|
(1) transportation
projects, including, but not |
|
limited to, railroads, airports, or
public roads or highways; |
|
(2) entities
authorized under Section 59, Article XVI, |
|
Texas Constitution, including: |
|
(A) port
authorities; |
|
(B) navigation
districts; and |
|
(C) any
other conservation or reclamation |
|
districts that act as ports; |
|
(3) water
supply, wastewater, flood control, and |
|
drainage projects; |
|
(4) public
buildings, hospitals, and parks; |
|
(5) the
provision of utility services; |
|
(6) a
sports and community venue project approved by |
|
voters at an election held on or before
December 1, 2005, under |
|
Chapter 334 or 335, Local Government
Code; |
|
(7) the
operations of: |
|
(A) a
common carrier pipeline [subject to Chapter |
|
111, Natural Resources Code, and
Section B(3)(b), Article 2.01, |
|
Texas Business Corporation Act];
or |
|
(B) an
energy transporter, as that term is |
|
defined by Section 186.051, Utilities
Code; |
|
(8) a
purpose authorized by Chapter 181, Utilities |
|
Code; |
|
(9) underground
storage operations subject to Chapter |
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91, Natural Resources Code; |
|
(10) a
waste disposal project; or |
|
(11) a
library, museum, or related facility and any |
|
infrastructure related to the
facility. |
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(d) This
section does not affect the authority of a |
|
governmental entity to condemn a
leasehold estate on property owned |
|
by the governmental entity. |
|
(e) The
determination by the governmental or private entity |
|
proposing to take the property that the
taking does not involve an |
|
act or circumstance prohibited by
Subsection (b) does not create a |
|
presumption with respect to whether the
taking involves that act or |
|
circumstance. |
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Sec. 2206.002. LIMITATIONS
ON EASEMENTS. (a) This section |
|
applies only to an easement acquired
by an entity for the purpose of |
|
a pipeline to be used for oil or gas
exploration or production |
|
activities. |
|
(b) A
property owner whose property is acquired through the |
|
use of eminent domain under Chapter
21, Property Code, for the |
|
purpose of creating an easement
through that owner's property may |
|
construct streets or roads,
including gravel, asphalt, or concrete |
|
streets or roads, at any locations
above the easement that the |
|
property owner chooses. |
|
(c) The
portion of a street or road constructed under this |
|
section that is within the area
covered by the easement: |
|
(1) must
cross the easement at or near 90 degrees; and |
|
(2) may
not: |
|
(A) exceed
40 feet in width; |
|
(B) cause
a violation of any applicable pipeline |
|
regulation; or |
|
(C) interfere
with the operation and maintenance |
|
of any pipeline. |
|
(d) At
least 30 days before the date on which construction |
|
of an asphalt or concrete street or
road that will be located wholly |
|
or partly in an area covered by an
easement used for a pipeline is |
|
scheduled to begin, the property
owner must submit plans for the |
|
proposed construction to the owner
of the easement. |
|
SUBCHAPTER B.
PROCEDURES REQUIRED TO INITIATE |
|
EMINENT DOMAIN
PROCEEDINGS |
|
Sec. 2206.051. SHORT
TITLE. This subchapter may be cited as |
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the Truth in Condemnation Procedures
Act. |
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Sec. 2206.052. APPLICABILITY.
The procedures in this |
|
subchapter apply only to the use of
eminent domain under the laws of |
|
this state by a governmental
entity. |
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Sec. 2206.053. VOTE
ON USE OF EMINENT DOMAIN. (a) Before a
|
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governmental entity initiates a
condemnation proceeding by filing a |
|
petition under Section 21.012,
Property Code, the governmental |
|
entity must authorize the initiation
of the condemnation proceeding |
|
at a public meeting by a record
vote. |
|
(b) A
single ordinance, resolution, or order may be adopted |
|
for all units of property to be
condemned if: |
|
(1) the
motion required by Subsection (e) indicates |
|
that the first record vote applies
to all units of property to be |
|
condemned; and |
|
(2) the
minutes of the governmental entity reflect |
|
that the first vote applies to all
of those units. |
|
(c) If
more than one member of the governing body objects to |
|
adopting a single ordinance,
resolution, or order by a record vote |
|
for all units of property for which
condemnation proceedings are to |
|
be initiated, a separate record vote
must be taken for each unit of |
|
property. |
|
(d) For
the purposes of Subsections (a) and (c), if two or |
|
more units of real property are
owned by the same person, the |
|
governmental entity may treat those
units of property as one unit of |
|
property. |
|
(e) The
motion to adopt an ordinance, resolution, or order |
|
authorizing the initiation of
condemnation proceedings under |
|
Chapter 21, Property Code, must be
made in a form substantially |
|
similar to the following:
"I move that the (name of governmental |
|
entity) authorize the use of the
power of eminent domain to acquire |
|
(describe the property) for
(describe the public use)." The |
|
description of the property required
by this subsection is |
|
sufficient if the description of the
location of and interest in the |
|
property that the governmental
entity seeks to acquire is |
|
substantially similar to the
description that is or could properly |
|
be used in a petition to condemn the
property under Section 21.012, |
|
Property Code. |
|
(f) If
a project for a public use described by Section |
|
2206.001(c)(3) will require a
governmental entity to acquire |
|
multiple tracts or units of property
to construct facilities |
|
connecting one location to another
location, the governing body of |
|
the governmental entity may adopt a
single ordinance, resolution, |
|
or order by a record vote that
delegates the authority to initiate |
|
condemnation proceedings to the
chief administrative official of |
|
the governmental entity. |
|
(g) An
ordinance, resolution, or order adopted under |
|
Subsection (f) is not required to
identify specific properties that |
|
the governmental entity will
acquire. The ordinance, resolution, |
|
or order must identify the general
area to be covered by the project |
|
or the general route that will be
used by the governmental entity |
|
for the project in a way that
provides property owners in and around |
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the area or along the route
reasonable notice that the owners' |
|
properties may be subject to
condemnation proceedings during the |
|
planning or construction of the
project. |
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SUBCHAPTER C.
EXPIRATION OF CERTAIN EMINENT DOMAIN
AUTHORITY |
|
Sec. 2206.101. REPORT
OF EMINENT DOMAIN AUTHORITY; |
|
EXPIRATION OF AUTHORITY.
(a) This section does not apply to an
|
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entity that was created or that
acquired the power of eminent domain |
|
on or after December 31,
2012. |
|
(b) Not
later than December 31, 2012, an entity, including a |
|
private entity, authorized by the
state by a general or special law |
|
to exercise the power of eminent
domain shall submit to the |
|
comptroller a letter stating that
the entity is authorized by the |
|
state to exercise the power of
eminent domain and identifying each |
|
provision of law that grants the
entity that authority. The entity |
|
must send the letter by certified
mail, return receipt requested. |
|
(c) The
authority of an entity to exercise the power of |
|
eminent domain expires on September
1, 2013, unless the entity |
|
submits a letter in accordance with
Subsection (b). |
|
(d) Not
later than March 1, 2013, the comptroller shall |
|
submit to the governor, the
lieutenant governor, the speaker of the |
|
house of representatives, the
presiding officers of the appropriate |
|
standing committees of the senate
and the house of representatives, |
|
and the Texas Legislative Council a
report that contains: |
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(1) the
name of each entity that submitted a letter in |
|
accordance with this section;
and |
|
(2) a
corresponding list of the provisions granting |
|
eminent domain authority as
identified by each entity that |
|
submitted a letter. |
|
(e) The
Texas Legislative Council shall prepare for |
|
consideration by the 84th
Legislature, Regular Session, a |
|
nonsubstantive revision of the
statutes of this state as necessary |
|
to reflect the state of the law
after the expiration of an entity's |
|
eminent domain authority effective
under Subsection (c). |
|
SECTION 2. Section
21.0111, Property Code, is amended to |
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read as follows: |
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Sec. 21.0111. DISCLOSURE
OF CERTAIN INFORMATION REQUIRED; |
|
INITIAL OFFER.
(a) An [A governmental] entity with
eminent domain |
|
authority that wants to acquire real
property for a public use |
|
shall, by certified mail, return
receipt requested, disclose to the |
|
property owner at the time an offer to
purchase or lease the |
|
property is made any and all
[existing] appraisal reports produced |
|
or acquired by the
[governmental] entity relating specifically to |
|
the owner's property and prepared in
the 10 years preceding the date |
|
of the [used in
determining the final valuation] offer. |
|
(b) A
property owner shall disclose to the [acquiring |
|
governmental] entity seeking
to acquire the property any and all |
|
current and existing
appraisal reports produced or acquired by the |
|
property owner relating specifically to
the owner's property and |
|
used in determining the owner's opinion
of value. Such disclosure |
|
shall take place not later than the
earlier of: |
|
(1) the
10th day after the date [within 10 days] of |
|
receipt of an appraisal
report; or |
|
(2) the
third business day before the date of a special |
|
commissioners hearing if an
appraisal report is to be used at the |
|
hearing [reports but no
later than 10 days prior to the special |
|
commissioner's hearing]. |
|
(c) An
entity seeking to acquire property that the entity is |
|
authorized to obtain through the use
of eminent domain may not |
|
include a confidentiality provision
in an offer or agreement to |
|
acquire the property. The entity
shall inform the owner of the |
|
property that the owner has the
right to: |
|
(1) discuss
any offer or agreement regarding the |
|
entity's acquisition of the property
with others; or |
|
(2) keep
the offer or agreement confidential, unless |
|
the offer or agreement is subject to
Chapter 552, Government Code. |
|
(d) A
subsequent bona fide purchaser for value from the |
|
acquiring [governmental]
entity may conclusively presume that the |
|
requirement of this section has been
met. This section does not |
|
apply to acquisitions of real property
for which an [a |
|
governmental] entity does not
have eminent domain authority. |
|
SECTION 3. Subchapter
B, Chapter 21, Property Code, is |
|
amended by adding Section 21.0113 to
read as follows: |
|
Sec. 21.0113. BONA
FIDE OFFER REQUIRED.
(a) An entity
|
|
with eminent domain authority that
wants to acquire real property |
|
for a public use must make a bona
fide offer to acquire the property |
|
from the property owner
voluntarily. |
|
(b) An
entity with eminent domain authority has made a bona |
|
fide offer if: |
|
(1) an
initial offer is made in writing to a property |
|
owner; |
|
(2) a
final offer is made in writing to the property |
|
owner; |
|
(3) the
final offer is made on or after the 30th day |
|
after the date on which the entity
makes a written initial offer to |
|
the property owner; |
|
(4) before
making a final offer, the entity obtains a |
|
written appraisal from a certified
appraiser of the value of the |
|
property being acquired and the
damages, if any, to any of the |
|
property owner's remaining
property; |
|
(5) the
final offer is equal to or greater than the |
|
amount of the written appraisal
obtained by the entity; |
|
(6) the
following items are included with the final |
|
offer or have been previously
provided to the owner by the entity: |
|
(A) a
copy of the written appraisal; |
|
(B) a
copy of the deed, easement, or other |
|
instrument conveying the property
sought to be acquired; and |
|
(C) the
landowner's bill of rights statement |
|
prescribed by Section 21.0112;
and |
|
(7) the
entity provides the property owner with at |
|
least 14 days to respond to the
final offer and the property owner |
|
does not agree to the terms of the
final offer within that period. |
|
SECTION 4. Section
21.012, Property Code, is amended to |
|
read as follows: |
|
Sec. 21.012. CONDEMNATION
PETITION. (a) If an entity [the |
|
United States, this state, a
political subdivision of this state, a |
|
corporation] with eminent domain
authority[, or an irrigation, |
|
water improvement, or water power
control district created by law] |
|
wants to acquire real property for
public use but is unable to agree |
|
with the owner of the property on the
amount of damages, the |
|
[condemning] entity may begin a
condemnation proceeding by filing a |
|
petition in the proper court. |
|
(b) The
petition must: |
|
(1) describe
the property to be condemned; |
|
(2) state
with specificity the public use [purpose] |
|
for which the entity intends to
acquire [use] the property; |
|
(3) state
the name of the owner of the property if the |
|
owner is known; |
|
(4) state
that the entity and the property owner are |
|
unable to agree on the damages;
[and] |
|
(5) if
applicable, state that the entity provided the |
|
property owner with the landowner's
bill of rights statement in |
|
accordance with Section 21.0112;
and |
|
(6) state
that the entity made a bona fide offer to |
|
acquire the property from the
property owner voluntarily as |
|
provided by Section
21.0113. |
|
(c) An
entity that files a petition under this section must |
|
provide a copy of the petition to
the property owner by certified |
|
mail, return receipt
requested. |
|
SECTION 5. Section
21.014(a), Property Code, is amended to |
|
read as follows: |
|
(a) The
judge of a court in which a condemnation petition is |
|
filed or to which an eminent domain
case is assigned shall appoint |
|
three disinterested real property
owners [freeholders] who reside |
|
in the county as special commissioners
to assess the damages of the |
|
owner of the property being condemned.
The judge appointing the |
|
special commissioners shall give
preference to persons agreed on by |
|
the parties. The judge shall provide
each party a reasonable period |
|
to strike one of the three
commissioners appointed by the judge. If |
|
a person fails to serve as a
commissioner or is struck by a party to |
|
the suit, the judge shall
[may] appoint a replacement. |
|
SECTION 6. Section
21.015(a), Property Code, is amended to |
|
read as follows: |
|
(a) The
special commissioners in an eminent domain |
|
proceeding shall promptly schedule a
hearing for the parties at the |
|
earliest practical time but may not
schedule a hearing to assess |
|
damages before the 20th day after
the date the special |
|
commissioners were appointed.
The special commissioners shall |
|
schedule a hearing for the
parties [and] at a place that is as near |
|
as practical to the property being
condemned or at the county seat |
|
of the county in which the proceeding
is being held. |
|
SECTION 7. Section
21.016(b), Property Code, is amended to |
|
read as follows: |
|
(b) Notice
of the hearing must be served on a party not later |
|
than the 20th [11th] day
before the day set for the hearing. A |
|
person competent to testify may serve
the notice. |
|
SECTION 8. Section
21.023, Property Code, is amended to |
|
read as follows: |
|
Sec. 21.023. DISCLOSURE
OF INFORMATION REQUIRED AT TIME OF |
|
ACQUISITION. An [A
governmental] entity with eminent domain |
|
authority shall disclose in
writing to the property owner, at the |
|
time of acquisition of the property
through eminent domain, that: |
|
(1) the
owner or the owner's heirs, successors, or |
|
assigns may be [are]
entitled to: |
|
(A) repurchase
the property under Subchapter E |
|
[if the public use for which the
property was acquired through |
|
eminent domain is canceled before
the 10th anniversary of the date |
|
of acquisition]; or |
|
(B) request
from the entity certain information |
|
relating to the use of the property
and any actual progress made |
|
toward that use; and |
|
(2) the
repurchase price is the price paid to the owner |
|
by the entity at the time the entity
acquired the property through |
|
eminent domain [fair market
value of the property at the time the |
|
public use was canceled]. |
|
SECTION 9. Subchapter
B, Chapter 21, Property Code, is |
|
amended by adding Section 21.025 to
read as follows: |
|
Sec. 21.025. PRODUCTION
OF INFORMATION BY CERTAIN ENTITIES. |
|
(a) Notwithstanding any other
law, an entity that is not subject |
|
to Chapter 552, Government Code, and
is authorized by law to acquire |
|
private property through the use of
eminent domain is required to |
|
produce information as provided by
this section if the information |
|
is: |
|
(1) requested
by a person who owns property that is the |
|
subject of a proposed or existing
eminent domain proceeding; and |
|
(2) related
to the taking of the person's private |
|
property by the entity through the
use of eminent domain. |
|
(b) An
entity described by Subsection (a) is required under |
|
this section only to produce
information relating to the |
|
condemnation of the specific
property owned by the requestor as |
|
described in the request. A request
under this section must contain |
|
sufficient details to allow the
entity to identify the specific |
|
tract of land in relation to which
the information is sought. |
|
(c) The
entity shall respond to a request in accordance with |
|
the Texas Rules of Civil Procedure
as if the request was made in a |
|
matter pending before a state
district court. |
|
(d) Exceptions
to disclosure provided by this chapter and |
|
the Texas Rules of Civil Procedure
apply to the disclosure of |
|
information under this
section. |
|
(e) Jurisdiction
to enforce the provisions of this section |
|
resides in: |
|
(1) the
court in which the condemnation was initiated; |
|
or |
|
(2) if
the condemnation proceeding has not been |
|
initiated: |
|
(A) a
court that would have jurisdiction over a |
|
proceeding to condemn the
requestor's property; or |
|
(B) a
court with eminent domain jurisdiction in |
|
the county in which the entity has
its principal place of business. |
|
(f) If
the entity refuses to produce information requested |
|
in accordance with this section and
the court determines that the |
|
refusal violates this section, the
court may award the requestor's |
|
reasonable attorney's fees incurred
to compel the production of the |
|
information. |
|
SECTION 10. Section
21.042(d), Property Code, is amended to |
|
read as follows: |
|
(d) In
estimating injury or benefit under Subsection (c), |
|
the special commissioners shall
consider an injury or benefit that |
|
is peculiar to the property owner and
that relates to the property |
|
owner's ownership, use, or enjoyment of
the particular parcel of |
|
real property, including a material
impairment of direct access on |
|
or off the remaining property that
affects the market value of the |
|
remaining property, but they may
not consider an injury or benefit |
|
that the property owner experiences in
common with the general |
|
community, including circuity of
travel and diversion of traffic. |
|
In this subsection, "direct access"
means ingress and egress on or |
|
off a public road, street, or
highway at a location where the |
|
remaining property adjoins that
road, street, or highway. |
|
SECTION 11. Sections
21.046(a) and (b), Property Code, are |
|
amended to read as follows: |
|
(a) A
department, agency, instrumentality, or political |
|
subdivision of this state shall
[may] provide a relocation advisory |
|
service for an individual, a family, a
business concern, a farming |
|
or ranching operation, or a nonprofit
organization that [if the |
|
service] is compatible with the
Federal Uniform Relocation |
|
Assistance and Real Property
Acquisition Policies Act of 1970 |
|
[Advisory Program], 42
U.S.C.A. 4601 [23 U.S.C.A. 501], et seq. |
|
(b) This
state or a political subdivision of this state |
|
shall [may], as a cost of
acquiring real property, pay moving |
|
expenses and rental supplements, make
relocation payments, provide |
|
financial assistance to acquire
replacement housing, and |
|
compensate for expenses incidental to
the transfer of the property |
|
if an individual, a family, the
personal property of a business, a |
|
farming or ranching operation, or a
nonprofit organization is |
|
displaced in connection with the
acquisition. |
|
SECTION 12. The
heading to Section 21.047, Property Code, |
|
is amended to read as follows: |
|
Sec. 21.047. ASSESSMENT
OF COSTS AND FEES. |
|
SECTION 13. Section
21.047, Property Code, is amended by |
|
adding Subsection (d) to read as
follows: |
|
(d) If
a court hearing a suit under this chapter determines |
|
that a condemnor did not make a bona
fide offer to acquire the |
|
property from the property owner
voluntarily as required by Section |
|
21.0113, the court shall abate the
suit, order the condemnor to make |
|
a bona fide offer, and order the
condemnor to pay: |
|
(1) all
costs as provided by Subsection (a); and |
|
(2) any
reasonable attorney's fees and other |
|
professional fees incurred by the
property owner that are directly |
|
related to the violation. |
|
SECTION 14. Subchapter
E, Chapter 21, Property Code, is |
|
amended to read as follows: |
|
SUBCHAPTER E. REPURCHASE
OF REAL PROPERTY FROM CONDEMNING |
|
[GOVERNMENTAL]
ENTITY |
|
Sec. 21.101. RIGHT
OF REPURCHASE [APPLICABILITY]. (a) A
|
|
person from whom [Except as
provided in Subsection (b), this |
|
subchapter applies only to] a
real property interest is acquired by |
|
an [a governmental]
entity through eminent domain for a public use, |
|
or that person's heirs, successors,
or assigns, is entitled to |
|
repurchase the property as provided
by this subchapter if: |
|
(1) the
public use for which the property was acquired |
|
through eminent domain is
[that was] canceled before the property |
|
is used for that public
use; |
|
(2) no
actual progress is made toward the public use |
|
for which the property was acquired
between the date of acquisition |
|
and the 10th anniversary of that
date; or |
|
(3) the
property becomes unnecessary for the public |
|
use for which the property was
acquired, or a substantially similar |
|
public use, before the 10th
anniversary of the date of acquisition. |
|
(b) In
this section, "actual progress" means the completion |
|
of two or more of the following
actions: |
|
(1) the
performance of a significant amount of labor |
|
to develop the property or other
property acquired for the same |
|
public use project for which the
property owner's property was |
|
acquired; |
|
(2) the
provision of a significant amount of materials |
|
to develop the property or other
property acquired for the same |
|
public use project for which the
property owner's property was |
|
acquired; |
|
(3) the
hiring of and performance of a significant |
|
amount of work by an architect,
engineer, or surveyor to prepare a |
|
plan or plat that includes the
property or other property acquired |
|
for the same public use project for
which the property owner's |
|
property was acquired; |
|
(4) application
for state or federal funds to develop |
|
the property or other property
acquired for the same public use |
|
project for which the property
owner's property was acquired; |
|
(5) application
for a state or federal permit to |
|
develop the property or other
property acquired for the same public |
|
use project for which the property
owner's property was acquired; |
|
(6) the
acquisition of a tract or parcel of real |
|
property adjacent to the property
for the same public use project |
|
for which the owner's property was
acquired; or |
|
(7) for
a governmental entity, the adoption by a |
|
majority of the entity's governing
body at a public hearing of a |
|
development plan for a public use
project that indicates that the |
|
entity will not complete more than
one action described by |
|
Subdivisions (1)-(6) before the 10th
anniversary of the date of |
|
acquisition of the
property [This subchapter does not apply to a |
|
right-of-way under the jurisdiction
of: |
|
[(1) a
county; |
|
[(2) a
municipality; or |
|
[(3) the
Texas Department of Transportation]. |
|
(c) A
district court may determine all issues in any suit |
|
regarding the repurchase of a real
property interest acquired |
|
through eminent domain by the former
property owner or the owner's |
|
heirs, successors, or
assigns. |
|
Sec. 21.102. NOTICE
TO PREVIOUS PROPERTY OWNER REQUIRED [AT |
|
TIME OF CANCELLATION OF PUBLIC
USE]. Not later than the 180th day |
|
after the date an entity that
acquired a real property interest |
|
through eminent domain determines
that the former property owner is |
|
entitled to repurchase the property
under Section 21.101 [of the |
|
cancellation of the public use for
which real property was acquired |
|
through eminent domain from a
property owner under Subchapter B], |
|
the [governmental] entity shall
send by certified mail, return |
|
receipt requested, to the property
owner or the owner's heirs, |
|
successors, or assigns a notice
containing: |
|
(1) an
identification, which is not required to be a |
|
legal description, of the property that
was acquired; |
|
(2) an
identification of the public use for which the |
|
property had been acquired and a
statement that: |
|
(A) the
public use was [has been] canceled before |
|
the property was used for the public
use; |
|
(B) no
actual progress was made toward the public |
|
use; or |
|
(C) the
property became unnecessary for the |
|
public use, or a substantially
similar public use, before the 10th |
|
anniversary of the date of
acquisition; and |
|
(3) a
description of the person's right under this |
|
subchapter to repurchase the
property. |
|
Sec. 21.1021. REQUESTS
FOR INFORMATION REGARDING CONDEMNED |
|
PROPERTY.
(a) On or after the
10th anniversary of the date on |
|
which real property was acquired by
an entity through eminent |
|
domain, a property owner or the
owner's heirs, successors, or |
|
assigns may request that the
condemning entity make a determination |
|
and provide a statement and other
relevant information regarding: |
|
(1) whether
the public use for which the property was |
|
acquired was canceled before the
property was used for the public |
|
use; |
|
(2) whether
any actual progress was made toward the |
|
public use between the date of
acquisition and the 10th anniversary |
|
of that date, including an itemized
description of the progress |
|
made, if applicable; and |
|
(3) whether
the property became unnecessary for the |
|
public use, or a substantially
similar public use, before the 10th |
|
anniversary of the date of
acquisition. |
|
(b) A
request under this section must contain sufficient |
|
detail to allow the entity to
identify the specific tract of land in |
|
relation to which the information is
sought. |
|
(c) Not
later than the 90th day following the date of |
|
receipt of the request for
information, the entity shall send a |
|
written response by certified mail,
return receipt requested, to |
|
the requestor. |
|
Sec. 21.103. RESALE
OF PROPERTY; PRICE. (a) Not later |
|
than the 180th day after the date of
the postmark on a [the] notice |
|
sent under Section 21.102 or a
response to a request made under |
|
Section 21.1021 that indicates that
the property owner or the |
|
owner's heirs, successors, or
assigns is entitled to repurchase the |
|
property interest in accordance with
Section 21.101, the property |
|
owner or the owner's heirs, successors,
or assigns must notify the |
|
[governmental] entity of the
person's intent to repurchase the |
|
property interest under this
subchapter. |
|
(b) As soon
as practicable after receipt of a notice of |
|
intent to
repurchase [the notification] under Subsection (a), the
|
|
[governmental] entity shall
offer to sell the property interest to |
|
the person for the price paid to the
owner by the entity at the time |
|
the entity acquired the property
through eminent domain [fair |
|
market value of the property at the
time the public use was |
|
canceled]. The person's right to
repurchase the property expires |
|
on the 90th day after the date on which
the [governmental] entity |
|
makes the offer. |
|
SECTION 15. Section
202.021, Transportation Code, is |
|
amended by adding Subsection (j) to
read as follows: |
|
(j) The
standard for determination of the fair value of the |
|
state's interest in access rights to
a highway right-of-way is the |
|
same legal standard that is applied
by the commission in the: |
|
(1) acquisition
of access rights under Subchapter D, |
|
Chapter 203; and |
|
(2) payment
of damages in the exercise of the |
|
authority, under Subchapter C,
Chapter 203, for impairment of |
|
highway access to or from real
property where the real property |
|
adjoins the highway. |
|
SECTION 16. Section
54.209, Water Code, is amended to read |
|
as follows: |
|
Sec. 54.209. LIMITATION
ON USE OF EMINENT DOMAIN. A |
|
district may not exercise the power of
eminent domain outside the |
|
district boundaries to acquire: |
|
(1) a
site for a water treatment plant, water storage |
|
facility, wastewater treatment plant,
or wastewater disposal |
|
plant; |
|
(2) a
site for a park, swimming pool, or other |
|
recreational facility, as defined by
Section 49.462 [except a |
|
trail]; |
|
(3) [a
site for a trail on real property designated as |
|
a homestead as defined by Section
41.002, Property Code; or |
|
[(4)] an
exclusive easement through a county regional |
|
park; or |
|
(4) a
site or easement for a road project. |
|
SECTION 17. (a) Section
552.0037, Government Code, is |
|
repealed. |
|
(b) Section
21.024, Property Code, is repealed. |
|
SECTION 18. Chapter
2206, Government Code, and Chapter 21, |
|
Property Code, as amended by this Act,
apply only to a condemnation |
|
proceeding in which the petition is
filed on or after the effective |
|
date of this Act and to any property
condemned through the |
|
proceeding. A condemnation proceeding
in which the petition is |
|
filed before the effective date of this
Act and any property |
|
condemned through the proceeding are
governed by the law in effect |
|
immediately before that date, and that
law is continued in effect |
|
for that purpose. |
|
SECTION 19. The
change in law made by this Act to Section |
|
202.021, Transportation Code, applies
only to a sale or transfer |
|
under that section that occurs on or
after the effective date of |
|
this Act. A sale or transfer that
occurs before the effective date |
|
of this Act is governed by the law
applicable to the sale or |
|
transfer immediately before the
effective date of this Act, and |
|
that law is continued in effect for
that purpose. |
|
SECTION 20. The
changes in law made by this Act to Section |
|
54.209, Water Code, apply only to a
condemnation proceeding in |
|
which the petition is filed on or after
the effective date of this |
|
Act. A condemnation proceeding in
which the petition is filed |
|
before the effective date of this Act
is governed by the law in |
|
effect on the date the petition was
filed, and that law is continued |
|
in effect for that purpose. |
|
SECTION 21. This
Act takes effect September 1, 2011. |