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A BILL TO BE ENTITLED
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AN ACT
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relating to a written appraisal required for a bona fide offer to |
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acquire real property 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(b), Property Code, is amended to |
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read as follows: |
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(b) An entity with eminent domain authority has made a bona |
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fide offer if: |
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(1) an initial offer is made in writing to a property |
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owner; |
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(2) a final offer is made in writing to the property |
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owner; |
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(3) the final offer is made on or after the 30th day |
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after the date on which the entity makes a written initial offer to |
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the property owner; |
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(4) before making a final offer, the entity obtains a |
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written appraisal from a certified appraiser as defined by Section |
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1103.003, Occupations Code, of the value of the property being |
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acquired and the damages, if any, to any of the property owner's |
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remaining property; |
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(5) the final offer is equal to or greater than the |
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amount of the written appraisal obtained by the entity; |
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(6) the following items are included with the final |
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offer or have been previously provided to the owner by the entity: |
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(A) a copy of the written appraisal; |
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(B) a copy of the deed, easement, or other |
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instrument conveying the property sought to be acquired; and |
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(C) the landowner's bill of rights statement |
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prescribed by Section 21.0112; and |
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(7) the entity provides the property owner with at |
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least 14 days to respond to the final offer and the property owner |
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does not agree to the terms of the final offer within that period. |
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SECTION 2. The change in law made by this Act applies only |
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to the acquisition of real property in connection with a final offer |
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made under Chapter 21, Property Code, on or after the effective date |
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of this Act. An acquisition of real property in connection with a |
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final offer made under Chapter 21, Property Code, before the |
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effective 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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SECTION 3. This Act takes effect September 1, 2021. |