| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the appraisal required in connection with a bona fide |
|
|
offer to acquire real property by an entity with eminent domain |
|
|
authority. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 21.0113(b), Property Code, is amended to |
|
|
read as follows: |
|
|
(b) An entity with eminent domain authority has made a bona |
|
|
fide offer if: |
|
|
(1) an initial offer is made in writing to a property |
|
|
owner; |
|
|
(2) a final offer is made in writing to the property |
|
|
owner; |
|
|
(3) the final offer is made on or after the 30th day |
|
|
after the date on which the entity makes a written initial offer to |
|
|
the property owner; |
|
|
(4) before making a final offer, the entity obtains a |
|
|
written appraisal from a certified appraiser of the value of the |
|
|
property being acquired and the damages, if any, to any of the |
|
|
property owner's remaining property, including an appraisal of |
|
|
damages arising from: |
|
|
(A) any construction, maintenance, repair, |
|
|
replacement, or removal of a structure on the owner's property made |
|
|
necessary by the proposed acquisition; or |
|
|
(B) any replacement, relocation, or removal of, |
|
|
or injury to, any other property, whether real or personal, located |
|
|
on or affixed to the owner's land, including livestock, growing |
|
|
crops, or other growing plants; |
|
|
(5) the final offer is equal to or greater than the |
|
|
amount of the written appraisal obtained by the entity; |
|
|
(6) the following items are included with the final |
|
|
offer or have been previously provided to the owner by the entity: |
|
|
(A) a copy of the written appraisal; |
|
|
(B) a copy of the deed, easement, or other |
|
|
instrument conveying the property sought to be acquired; and |
|
|
(C) the landowner's bill of rights statement |
|
|
prescribed by Section 21.0112; and |
|
|
(7) the entity provides the property owner with at |
|
|
least 14 days to respond to the final offer and the property owner |
|
|
does not agree to the terms of the final offer within that period. |
|
|
SECTION 2. The change in law made by this Act applies only |
|
|
to the acquisition of real property in connection with an initial |
|
|
offer made under Section 21.0113, Property Code, on or after the |
|
|
effective date of this Act. An acquisition of real property in |
|
|
connection with an initial offer made under Section 21.0113, |
|
|
Property Code, before the effective date of this Act is governed by |
|
|
the law applicable to the acquisition 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, 2017. |