| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the appointment of special commissioners to assess |
|
|
damages in an eminent domain proceeding. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 21.014(a), Property Code, is amended to |
|
|
read as follows: |
|
|
(a) The judge of a court in which a condemnation petition is |
|
|
filed or to which an eminent domain case is assigned shall appoint, |
|
|
not later than the third day after the date the condemnation |
|
|
petition is filed, three disinterested real property owners who |
|
|
reside in the county as special commissioners to assess the damages |
|
|
of the owner of the property being condemned. The judge appointing |
|
|
the special commissioners shall give preference to persons agreed |
|
|
on by the parties. The judge shall provide the owner of the |
|
|
property being condemned and the condemnor [each party] a |
|
|
reasonable period not to exceed 20 days after the date of the |
|
|
appointment to strike one of the three commissioners appointed by |
|
|
the judge. If a person fails to serve as a commissioner or is struck |
|
|
by a party to the suit, the judge shall appoint a replacement not |
|
|
later than the third day after the date the judge receives notice |
|
|
that the appointee will not serve or is struck. |
|
|
SECTION 2. Section 21.014, Property Code, as amended by |
|
|
this Act, applies only to a condemnation proceeding in which the |
|
|
petition is filed on or after the effective date of this Act. A |
|
|
condemnation proceeding filed before the effective date of this Act |
|
|
is governed by the law as it existed 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, 2019. |