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By: Kolkhorst, et al. |
S.B. No. 474 |
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(In the Senate - Filed February 6, 2015; February 10, 2015, |
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read first time and referred to Committee on State Affairs; |
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March 31, 2015, reported adversely, with favorable Committee |
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Substitute by the following vote: Yeas 7, Nays 2; March 31, 2015, |
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sent to printer.) |
Click here to see the committee vote |
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COMMITTEE SUBSTITUTE FOR S.B. No. 474 |
By: Creighton |
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A BILL TO BE ENTITLED
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AN ACT
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relating to the recovery of costs and fees in connection with |
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certain eminent domain proceedings. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 21.047, Property Code, is amended by |
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adding Subsection (a-1) to read as follows: |
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(a-1) If the amount of damages awarded by the special |
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commissioners is at least 20 percent greater than the amount the |
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condemnor offered to pay before the proceedings began or if the |
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commissioners' award is appealed and a court awards damages in an |
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amount that is at least 20 percent greater than the amount the |
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condemnor offered to pay before the proceedings began, the |
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condemnor shall pay: |
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(1) all costs as provided by Subsection (a); and |
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(2) any reasonable attorney's fees and other |
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professional fees incurred by the property owner in connection with |
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the eminent domain proceeding. |
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SECTION 2. The change in law made by this Act applies only |
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to an eminent domain proceeding commenced on or after the effective |
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date of this Act. An eminent domain proceeding commenced before the |
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effective date of this Act is governed by the law applicable to the |
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proceeding immediately before the effective date of this Act, and |
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that law is continued in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2015. |
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