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A BILL TO BE ENTITLED
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AN ACT
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relating to the authority of a commissioners court to disapprove of |
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certain condemnations. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 21.018(a), Property Code, is amended to |
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read as follows: |
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(a) A party to a condemnation proceeding may object to the |
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findings of the special commissioners by filing a written statement |
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of the objections and their grounds with the court that has |
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jurisdiction of the proceeding or, if applicable, by filing a |
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petition with the commissioners court under Section 21.0185. The |
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statement must be filed on or before the first Monday following the |
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20th day after the day the commissioners file their findings with |
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the court. |
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SECTION 2. Subchapter B, Chapter 21, Property Code, is |
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amended by adding Section 21.0185 to read as follows: |
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Sec. 21.0185. PETITION FOR DISAPPROVAL OF CERTAIN |
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CONDEMNATIONS. (a) This section applies only to the condemnation |
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of property by: |
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(1) a governmental entity exercising its eminent |
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domain authority if: |
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(A) the entity is a political subdivision; |
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(B) the governing body of the entity is elected; |
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and |
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(C) the property being acquired is located |
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outside the territorial boundaries of the entity; or |
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(2) a private entity exercising its eminent domain |
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authority. |
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(b) In lieu of filing an objection to the special |
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commissioners' findings under Section 21.018 with the court, the |
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property owner, not later than the 14th day after the date the |
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special commissioners file their findings with the court, may file |
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a petition with the commissioners court of the county in which a |
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majority of the property to be condemned is located for the |
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disapproval of the condemnation. |
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(c) If the property owner files the petition with the |
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commissioners court, the commissioners court shall hold a hearing |
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to determine whether to approve the condemnation of the property. |
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The commissioners court may disapprove the condemnation entirely or |
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disapprove a term of the condemnation, including the property to be |
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condemned, proposed use of the property, or amount of damages for |
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the property. |
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(d) The entity may not condemn the property unless a |
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majority of the commissioners court approves the condemnation of |
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the property under Subsection (c). If the commissioners court |
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disapproves a term of the condemnation, the entity may revise the |
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final offer to the property owner. |
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SECTION 3. Section 21.0185, Property Code, as added by this |
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Act, applies only to a condemnation in which an initial offer is |
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made under Section 21.0113, Property Code, on or after the |
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effective date of this Act. |
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SECTION 4. This Act takes effect September 1, 2019. |