Bill Text: TX HB2470 | 2019-2020 | 86th Legislature | Introduced

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Bill Title: Relating to an action for the damage to property value caused by the use of an easement.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2019-04-23 - Left pending in committee [HB2470 Detail]

Download: Texas-2019-HB2470-Introduced.html

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86R7901 NC-F
By: Thompson of Brazoria H.B. No. 2470

A BILL TO BE ENTITLED
AN ACT
relating to an action for the damage to property value caused by the
use of an easement.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Title 4, Property Code, is amended by adding
Chapter 31 to read as follows:
CHAPTER 31. DAMAGE TO PROPERTY VALUE CAUSED BY USE OF EASEMENT
SUBCHAPTER A. CAUSE OF ACTION
Sec. 31.001. ACTION FOR DAMAGE TO PROPERTY VALUE. A person
who owns real property located near an easement may bring an action
under this chapter to recover damages against the holder of the
easement if the holder of the easement uses the easement in a manner
that causes damage to the value of the real property.
Sec. 31.002. CONCURRENT JURISDICTION. District courts and
county courts at law have concurrent jurisdiction for an action
under this chapter.
Sec. 31.003. STANDING. Standing to bring an action under
this chapter is based on the following conditions:
(1) the plaintiff was the owner of the real property
when the damage to the value of the plaintiff's property occurred;
(2) the plaintiff is the current owner of the
property; and
(3) the alleged damage to the property value is more
than $10,000.
Sec. 31.004. LIMITATIONS PERIOD. A person must bring suit
for damages under this chapter not later than two years after the
day the cause of action accrues.
Sec. 31.005. VENUE. The petition must be filed in the
county in which the property is primarily located.
SUBCHAPTER B. PROCEDURES
Sec. 31.011. CONTENTS OF PETITION. The petition for a cause
of action under this chapter must contain the following
information:
(1) the name and current address of the plaintiff;
(2) the address of the affected property;
(3) a description of the use of the easement causing
the alleged damage to the affected property's value;
(4) the date on which the damage occurred;
(5) the name and current address of the defendant
responsible for the alleged damage to the property's value; and
(6) the amount requested for the alleged damage to the
property's value.
Sec. 31.012. APPOINTMENT OF SPECIAL COMMISSIONERS. (a)
The court in which a petition is filed under this chapter shall
appoint three disinterested real property owners who reside in the
county as special commissioners to determine the amount of damage
to the property's value caused by the defendant's conduct.
(b) The court shall give preference to persons agreed on by
the parties. The court shall provide each party a reasonable period
to strike one of the three commissioners appointed by the court. If
a person fails to serve as a commissioner or is struck by a party to
the suit, the court shall appoint a replacement.
Sec. 31.013. POWERS AND DUTIES OF SPECIAL COMMISSIONERS.
(a) The special commissioners shall swear to determine the
recommended amount of damages to be awarded fairly, impartially,
and according to the law.
(b) The special commissioners may compel the attendance of
witnesses and the production of testimony, administer oaths, and
punish for contempt in the same manner as a county judge.
Sec. 31.014. HEARING. (a) The special commissioners shall
promptly schedule a hearing for the parties at the earliest
practical time but may not schedule a hearing to determine the
amount of damages before the 20th day after the date the special
commissioners were appointed.
(b) The special commissioners shall schedule the hearing at
a place that is as near as practical to the affected property or at
the county seat of the county in which the property is primarily
located.
(c) After notice of the hearing has been served, the special
commissioners shall hear the parties at the scheduled time and
place or at any other time or place to which the special
commissioners may adjourn the hearing.
Sec. 31.015. FINDINGS REGARDING DAMAGES. The special
commissioners shall file a signed and dated written statement of
the special commissioners' findings regarding the recommended
amount of damages and all other papers connected with the
proceeding with the court on the date the findings are made or on
the next working day after the date the findings are made.
Sec. 31.016. OBJECTIONS TO COMMISSIONERS' FINDINGS. (a) A
party to the proceeding may object to the findings of the special
commissioners by filing a written statement of the objections and
the grounds for the objections with the court that has jurisdiction
of the proceeding.
(b) The statement must be filed on or before the first
Monday after the 20th day after the date the special commissioners
file the findings with the court.
Sec. 31.017. PROPERTY VALUE DAMAGE AWARD. (a) The court
shall make the final determination of whether damages are awarded
and the amount of damages to be awarded by considering:
(1) the special commissioners' findings and
recommended award;
(2) any objections to the findings filed under Section
31.016; and
(3) any relevant evidence entered with the court
concerning the property or the use of the easement.
Sec. 31.018. PAYMENT OF AWARD. (a) The court shall order
any damages awarded to the plaintiff to be paid not later than the
20th day after the date the court enters a final judgment.
(b) On request of the defendant, the court may extend the
time for payment under this section by not more than 90 days if the
defendant proves to the court:
(1) an inability to pay the damages; or
(2) any other legitimate circumstance relevant to the
ability to pay the damages.
SECTION 2. Chapter 31, Property Code, as added by this Act,
applies only to a cause of action that accrues on or after the
effective date of this Act.
SECTION 3. This Act takes effect September 1, 2019.