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A BILL TO BE ENTITLED
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AN ACT
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relating to compensation for heritage property acquired through |
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eminent domain. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 21, Property Code, is |
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amended by adding Section 21.010 to read as follows: |
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Sec. 21.010. HERITAGE PROPERTY. (a) In this chapter, |
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"heritage property" means real property continuously owned within |
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the same family for 100 or more years. |
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(b) For the purposes of this chapter, family ownership of |
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heritage property may be established by evidence of continuous |
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ownership of the property by one or more persons related by blood, |
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marriage, or adoption to a person who owned the property 100 years |
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before the date an initial offer is made under Section 21.0113 to |
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acquire the property. |
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(c) To establish the property being acquired as heritage |
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property, the property owner must provide certified copies of |
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recorded deeds and other relevant documents that verify ownership. |
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SECTION 2. Section 21.0113, Property Code, is amended by |
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adding Subsection (c) to read as follows: |
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(c) A bona fide offer to acquire heritage property must |
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include a final offer equal to or greater than 150 percent of: |
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(1) the amount of the written appraisal obtained by |
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the entity of the value of the property being acquired; and |
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(2) the damages, if any, to any of the property owner's |
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remaining property. |
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SECTION 3. Section 21.041, Property Code, is amended to |
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read as follows: |
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Sec. 21.041. EVIDENCE. As the basis for assessing actual |
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damages to a property owner from a condemnation, the special |
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commissioners shall admit evidence on: |
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(1) the value of the property being condemned; |
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(2) the injury to the property owner; |
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(3) the benefit to the property owner's remaining |
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property; [and] |
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(4) the use of the property for the purpose of the |
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condemnation; and |
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(5) the status of the property as heritage property, |
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if applicable. |
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SECTION 4. Subchapter C, Chapter 21, Property Code, is |
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amended by adding Section 21.0422 to read as follows: |
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Sec. 21.0422. ASSESSMENT OF DAMAGES: HERITAGE PROPERTY. |
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(a) Notwithstanding Section 21.042(b), if an entire tract or |
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parcel of heritage property is condemned, the damage to the |
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property owner is 150 percent of the local market value of the |
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property at the time of the special commissioners' hearing. |
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(b) Notwithstanding Section 21.042(c), if a portion of a |
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tract or parcel of heritage property is condemned, the special |
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commissioners shall: |
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(1) determine the damage to the property owner after |
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estimating the extent of the injury and benefit to the property |
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owner, including the effect of the condemnation on the value of the |
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property owner's remaining property; and |
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(2) award damages of 150 percent of the amount of |
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damages determined under Subdivision (1). |
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SECTION 5. The changes in law made by this Act apply only to |
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the acquisition of real property in connection with a final offer |
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made under Section 21.0113, Property Code, on or after the |
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effective date of this Act. An acquisition of real property in |
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connection with a final offer made under Section 21.0113, Property |
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Code, before the effective date of this Act is governed by the law |
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applicable to the acquisition immediately before the effective date |
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of this Act, and that law is continued in effect for that purpose. |
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SECTION 6. This Act takes effect September 1, 2017. |