| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the development of a method to determine the value of |
|
|
certain real property for purposes of eminent domain. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Chapter 12, Agriculture Code, is amended by |
|
|
adding Section 12.049 to read as follows: |
|
|
Sec. 12.049. VALUATION OF CERTAIN INVESTMENTS IN LAND. (a) |
|
|
For purposes of determining the value of property in an eminent |
|
|
domain proceeding under Chapter 21, Property Code, the department |
|
|
shall develop a method an appraiser may use to assess the value of |
|
|
investments made in a property owner's real property in an effort to |
|
|
meet soil, water, or air quality standards established by a state or |
|
|
federal certification process. |
|
|
(b) The method developed under Subsection (a) must provide |
|
|
an objective means to quantify any enhancement in the value of real |
|
|
property that results from an investment described by Subsection |
|
|
(a). |
|
|
SECTION 2. Section 21.041, Property Code, is amended to |
|
|
read as follows: |
|
|
Sec. 21.041. EVIDENCE. As the basis for assessing actual |
|
|
damages to a property owner from a condemnation, the special |
|
|
commissioners shall admit evidence on: |
|
|
(1) the value of the property being condemned; |
|
|
(2) the injury to the property owner; |
|
|
(3) the benefit to the property owner's remaining |
|
|
property; [and] |
|
|
(4) the use of the property for the purpose of the |
|
|
condemnation; and |
|
|
(5) the enhanced value of the property resulting from |
|
|
investments described by Section 12.049, Agriculture Code. |
|
|
SECTION 3. This Act takes effect September 1, 2019. |