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A BILL TO BE ENTITLED
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AN ACT
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relating to the assessment of damages resulting from the |
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condemnation of property that is subject to a conservation |
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easement. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 21.041, Property Code, is amended to |
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read as follows: |
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Sec. 21.041. EVIDENCE. As the basis for assessing actual |
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damages to a property owner from a condemnation, the special |
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commissioners shall admit evidence on: |
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(1) the value of the property being condemned; |
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(2) the injury to the property owner; |
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(3) the benefit to the property owner's remaining |
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property; [and] |
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(4) the use of the property for the purpose of the |
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condemnation; and |
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(5) if the property is subject to a conservation |
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easement created under Chapter 183, Natural Resources Code, the |
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local market value of the property based on the property's highest |
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and best use without consideration of the property's conservation |
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easement status. |
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SECTION 2. Subchapter C, Chapter 21, Property Code, is |
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amended by adding Section 21.0422 to read as follows: |
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Sec. 21.0422. ASSESSMENT OF DAMAGES: CONSERVATION |
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EASEMENTS. (a) Notwithstanding Section 21.042(b), if an entire |
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tract or parcel that is subject to a conservation easement created |
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under Chapter 183, Natural Resources Code, is condemned, the damage |
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to the property owner is an amount equal to the local market value |
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of the property based on the property's highest and best use without |
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consideration of the property's conservation easement status. |
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(b) Notwithstanding Section 21.042(c), if a portion of a |
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tract or parcel that is subject to a conservation easement created |
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under Chapter 183, Natural Resources Code, is condemned, the |
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special commissioners shall determine the damage to the property |
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owner after estimating the extent of the injury and benefit to the |
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property owner: |
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(1) based on the property's highest and best use |
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without consideration of the property's conservation easement |
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status; and |
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(2) including the effect of the condemnation on the |
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value of the property owner's remaining property, based on the |
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remaining property's highest and best use without consideration of |
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the remaining property's conservation easement status. |
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SECTION 3. The changes in law made by this Act apply only to |
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a condemnation proceeding commenced on or after the effective date |
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of this Act. A condemnation proceeding commenced before the |
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effective date of this Act is governed by the law applicable to the |
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condemnation proceeding immediately before the effective date of |
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this Act, and that law is continued in effect for that purpose. |
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SECTION 4. This Act takes effect September 1, 2023. |