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A BILL TO BE ENTITLED
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AN ACT
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relating to compensation to a property owner for property acquired |
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by an entity with eminent domain authority. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 21.041, Property Code, is amended to |
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read as follows: |
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Sec. 21.041. EVIDENCE. (a) As the basis for assessing |
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actual 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. |
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(b) The special commissioners may admit evidence on the |
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price paid for pipeline or power line rights-of-way in privately |
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negotiated transactions made in the absence of a potential, actual, |
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or threatened condemnation. |
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SECTION 2. Section 21.041, Property Code, as amended by |
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this Act, applies only to an eminent domain proceeding commenced on |
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or after the effective date of this Act. An eminent domain |
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proceeding commenced before the effective date of this Act is |
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governed by the law applicable to the proceeding immediately before |
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the effective date of this Act, and that law is continued in effect |
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for that purpose. |
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SECTION 3. This Act takes effect September 1, 2017. |