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A BILL TO BE ENTITLED
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AN ACT
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relating to the right to repurchase certain real property from a |
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condemning entity after a change to the use of the property. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 21.101(a), Property Code, is amended to |
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read as follows: |
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(a) A person from whom a real property interest is acquired |
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by an entity through eminent domain for a public use, or that |
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person's heirs, successors, or assigns, is entitled to repurchase |
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the property as provided by this subchapter if: |
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(1) the public use for which the property was acquired |
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through eminent domain is canceled before the property is used for |
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that public use; |
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(2) no actual progress is made toward the public use |
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for which the property was acquired between the date of acquisition |
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and the 10th anniversary of that date; [or] |
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(3) the property becomes unnecessary for the public |
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use for which the property was acquired, or a substantially similar |
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public use, before the 10th anniversary of the date of acquisition; |
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or |
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(4) the use of the property is changed from the public |
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use for which the property was initially acquired to any other use |
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during the lifetime of: |
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(A) the person from whom the property was |
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acquired; or |
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(B) a person who is related within three |
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generations by blood, marriage, or adoption to the person from whom |
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the property was acquired. |
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SECTION 2. Section 21.102, Property Code, is amended to |
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read as follows: |
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Sec. 21.102. NOTICE TO PREVIOUS PROPERTY OWNER REQUIRED. |
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Not later than the 180th day after the date an entity that acquired |
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a real property interest through eminent domain determines that the |
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former property owner, or the owner's heirs, successors, or |
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assigns, is or may be entitled to repurchase the property under |
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Section 21.101, the entity shall send by certified mail, return |
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receipt requested, to the property owner or the owner's heirs, |
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successors, or assigns a notice containing: |
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(1) an identification, which is not required to be a |
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legal description, of the property that was acquired; |
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(2) an identification of the public use for which the |
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property had been acquired and a statement that: |
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(A) the public use was canceled before the |
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property was used for the public use; |
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(B) no actual progress was made toward the public |
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use; [or] |
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(C) the property became unnecessary for the |
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public use, or a substantially similar public use, before the 10th |
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anniversary of the date of acquisition; or |
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(D) the use of the property was changed from the |
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public use for which the property was initially acquired to any |
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other use; and |
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(3) a description of the person's right under this |
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subchapter to repurchase the property. |
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SECTION 3. Section 21.1021(a), Property Code, is amended to |
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read as follows: |
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(a) On or after the 10th anniversary of the date on which |
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real property was acquired by an entity through eminent domain, a |
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property owner or the owner's heirs, successors, or assigns may |
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request that the condemning entity make a determination and provide |
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a statement and other relevant information regarding: |
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(1) whether the public use for which the property was |
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acquired was canceled before the property was used for the public |
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use; |
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(2) whether any actual progress was made toward the |
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public use between the date of acquisition and the 10th anniversary |
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of that date, including an itemized description of the progress |
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made, if applicable; [and] |
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(3) whether the property became unnecessary for the |
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public use, or a substantially similar public use, before the 10th |
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anniversary of the date of acquisition; and |
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(4) whether, between the date of acquisition and the |
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date of the request, the use of the property was changed from the |
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public use for which the property was acquired to any other use. |
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SECTION 4. Section 21.103(a), Property Code, is amended to |
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read as follows: |
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(a) Not later than the 180th day after the date of the |
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postmark on a notice sent under Section 21.102 or a response to a |
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request made under Section 21.1021 that indicates that the property |
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owner, or the owner's heirs, successors, or assigns, is or may be |
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entitled to repurchase the property interest in accordance with |
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Section 21.101, the property owner or the owner's heirs, |
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successors, or assigns must notify the entity of the person's |
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intent to repurchase the property interest under this subchapter. |
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SECTION 5. The changes in law made by this Act apply only to |
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a real property interest acquired in connection with a condemnation |
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proceeding in which the petition is filed on or after the effective |
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date of this Act. A real property interest acquired in connection |
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with a condemnation proceeding in which the petition is filed |
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before the effective date of this Act is governed by the law in |
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effect immediately before that date, and that law is continued in |
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effect for that purpose. |
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SECTION 6. This Act takes effect September 1, 2023. |