Bill Text: TX HB2619 | 2015-2016 | 84th Legislature | Introduced
Bill Title: Relating to the exercise of eminent domain by a toll project entity.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2015-04-23 - Withdrawn from schedule [HB2619 Detail]
Download: Texas-2015-HB2619-Introduced.html
| 84R8457 JTS-F | ||
| By: Burkett | H.B. No. 2619 | |
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| relating to the exercise of eminent domain by a toll project entity. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Subchapter A, Chapter 372, Transportation Code, | ||
| is amended by adding Section 372.002 to read as follows: | ||
| Sec. 372.002. EMINENT DOMAIN REQUIREMENTS. (a) A toll | ||
| project entity with eminent domain authority that makes an offer | ||
| under Section 21.0113, Property Code, must state with specificity | ||
| in the initial and final offers the public use for which the entity | ||
| intends to acquire the property. | ||
| (b) A person from whom a real property interest is acquired | ||
| by a toll project entity for a public purpose through eminent | ||
| domain, including by purchase after an initial offer under Section | ||
| 21.0113, Property Code, or that person's heirs, successors, or | ||
| assigns, is entitled to repurchase the property under Subchapter E, | ||
| Chapter 21, Property Code, if the initial use of the property is not | ||
| the public use for which the property was acquired. | ||
| (c) Information provided by a toll project entity to a | ||
| property owner under Section 21.023, Property Code, must also | ||
| contain information regarding the right to repurchase property as | ||
| described by Subsection (b). | ||
| (d) Not later than the 180th day after the date a toll | ||
| project entity determines that a former property owner is entitled | ||
| to repurchase the property as described by Subsection (b), the | ||
| entity shall send to the property owner or the owner's heirs, | ||
| successors, or assigns the notice under Section 21.102, Property | ||
| Code, that contains, in lieu of a statement under Section | ||
| 21.102(2), Property Code, a statement that the initial use of the | ||
| property was not the public use for which the property was acquired. | ||
| (e) In addition to the requests for information described by | ||
| Section 21.1021(a), Property Code, a property owner whose property | ||
| was acquired by a toll project entity by eminent domain or the | ||
| owner's heirs, successors, or assigns may request that the entity | ||
| make a determination and provide a statement and other relevant | ||
| information regarding whether the initial use of the property was | ||
| the public use for which the property was acquired. | ||
| SECTION 2. Section 372.002, Transportation Code, as added | ||
| by this Act, applies only to a repurchase of a real property | ||
| interest condemned or otherwise purchased in connection with an | ||
| initial offer under Section 21.0113, Property Code, made on or | ||
| after the effective date of this Act. | ||
| SECTION 3. This Act takes effect September 1, 2015. | ||
