83R10554 AJA-D
 
  By: Zaffirini S.B. No. 1782
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the assessment of damages arising from a condemnation
  of a pipeline easement.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 21.042, Property Code, is amended by
  adding Subsection (d-1) to read as follows:
         (d-1)  In estimating injury to a property owner under
  Subsections (c) and (d) arising from a condemnation of a pipeline
  easement on the owner's property, the special commissioners shall
  consider:
               (1)  the peculiar effect of the specific route of the
  pipeline easement on the property owner's use and enjoyment of the
  property and, if applicable, the extent to which that effect will
  produce a greater injury to the property owner than any reasonable
  alternative routes proposed by the property owner before the
  condemnation proceeding commenced;
               (2)  the damage to the entirety of the owner's property
  that will result from the laying of the pipeline in the easement and
  from the easement itself; and
               (3)  the duration of the burden being placed on the
  owner's property by the easement.
         SECTION 2.  The change in law made by this Act applies only
  to the assessment of damages in a condemnation proceeding commenced
  on or after the effective date of this Act.
         SECTION 3.  This Act takes effect September 1, 2013.