| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the award of attorney's fees and other costs in an |
|
|
eminent domain proceeding. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 21.047, Property Code, is amended by |
|
|
adding Subsection (a-1) to read as follows: |
|
|
(a-1) If the amount of damages awarded by the special |
|
|
commissioners is at least 20 percent greater than the amount of the |
|
|
condemnor's final offer made in accordance with Section 21.0113, or |
|
|
if the commissioners' award is appealed and a court awards damages |
|
|
in an amount that is at least 20 percent greater than the amount of |
|
|
the condemnor's final offer made in accordance with Section |
|
|
21.0113, the condemnor: |
|
|
(1) shall pay all costs as provided by Subsection (a); |
|
|
and |
|
|
(2) may be required to pay reasonable attorney's fees |
|
|
and other professional fees incurred by the property owner in |
|
|
connection with the eminent domain proceeding. |
|
|
SECTION 2. Section 21.047(a-1), Property Code, as added by |
|
|
this Act, applies only to an eminent domain proceeding commenced on |
|
|
or after the effective date of this Act. An eminent domain |
|
|
proceeding commenced before the effective date of this Act is |
|
|
governed by the law applicable to the proceeding 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, 2021. |