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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 by a toll project entity. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 372, Transportation Code, |
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is amended by adding Section 372.002 to read as follows: |
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Sec. 372.002. EMINENT DOMAIN REQUIREMENTS. (a) A toll |
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project entity with eminent domain authority that makes an offer |
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under Section 21.0113, Property Code, must state with specificity |
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in the initial and final offers the public use for which the entity |
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intends to acquire the property. |
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(b) A person from whom a real property interest is acquired |
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by a toll project entity for a public purpose through eminent |
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domain, including by purchase after an initial offer under Section |
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21.0113, Property Code, or that person's heirs, successors, or |
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assigns, is entitled to repurchase the property under Subchapter E, |
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Chapter 21, Property Code, if the initial use of the property is not |
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the public use for which the property was acquired. |
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(c) Information provided by a toll project entity to a |
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property owner under Section 21.023, Property Code, must also |
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contain information regarding the right to repurchase property as |
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described by Subsection (b). |
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(d) Not later than the 180th day after the date a toll |
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project entity determines that a former property owner is entitled |
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to repurchase the property as described by Subsection (b), the |
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entity shall send to the property owner or the owner's heirs, |
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successors, or assigns the notice under Section 21.102, Property |
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Code, that contains, in lieu of a statement under Section |
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21.102(2), Property Code, a statement that the initial use of the |
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property was not the public use for which the property was acquired. |
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(e) In addition to the requests for information described by |
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Section 21.1021(a), Property Code, a property owner whose property |
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was acquired by a toll project entity by eminent domain or the |
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owner's heirs, successors, or assigns may request that the entity |
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make a determination and provide a statement and other relevant |
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information regarding whether the initial use of the property was |
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the public use for which the property was acquired. |
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SECTION 2. Section 372.002, Transportation Code, as added |
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by this Act, applies only to a repurchase of a real property |
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interest condemned or otherwise purchased in connection with an |
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initial offer under Section 21.0113, Property Code, made on or |
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after the effective date of this Act. |
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SECTION 3. This Act takes effect September 1, 2015. |