|
|
|
A BILL TO BE ENTITLED
|
|
AN ACT
|
|
relating to the recovery of costs and fees in connection with |
|
certain eminent domain proceedings. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
SECTION 1. Section 21.047, Property Code, is amended by |
|
adding Subsection (a-1) to read as follows: |
|
(a-1) If the amount of damages awarded by the special |
|
commissioners is at least 10 percent greater than the amount of the |
|
condemnor's initial offer or if the commissioners' award is |
|
appealed and a court awards damages in an amount that is at least 10 |
|
percent greater than the amount of the condemnor's initial offer, |
|
the condemnor shall 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 in connection with |
|
the eminent domain proceeding. |
|
SECTION 2. The change in law made by this Act applies only |
|
to an eminent domain proceeding commenced on or after the effective |
|
date of this Act. An eminent domain proceeding commenced before the |
|
effective date of this Act is governed by the law applicable to the |
|
proceeding immediately before the effective date of this Act, and |
|
that law is continued in effect for that purpose. |
|
SECTION 3. This Act takes effect September 1, 2015. |