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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 21.0113, Property Code, is amended by |
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adding Subsection (c) to read as follows: |
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(c) For purposes of this section, a bona fide offer may |
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include compensation to the property owner in the form of a royalty |
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or percentage of the net profits generated from the project |
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necessitating the acquisition. |
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SECTION 2. 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; and |
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(5) the value of any compensation described by Section |
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21.0113(c) that the condemning entity has offered the property |
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owner in connection with the proposed 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 3. (a) Except as provided by Subsection (b) of this |
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section, Sections 21.0113 and 21.041, Property Code, as amended by |
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this Act, apply only to the acquisition of real property in |
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connection with an initial offer made under Section 21.0113, |
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Property Code, on or after the effective date of this Act. An |
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acquisition of real property in connection with an initial offer |
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made under Section 21.0113, Property Code, before the effective |
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date of this Act is governed by the law applicable to the |
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acquisition 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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(b) Section 21.041(b), Property Code, as added by this Act, |
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applies only to an eminent domain proceeding commenced on or after |
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the effective date of this Act. An eminent domain proceeding |
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commenced before the effective date of this Act is governed by the |
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law applicable to the proceeding immediately before the effective |
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date of this Act, and that law is continued in effect for that |
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purpose. |
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SECTION 4. This Act takes effect September 1, 2017. |