Bill Text: TX HB2862 | 2019-2020 | 86th Legislature | Introduced
Bill Title: Relating to the appointment of special commissioners to assess damages in an eminent domain proceeding.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2019-03-12 - Referred to Land & Resource Management [HB2862 Detail]
Download: Texas-2019-HB2862-Introduced.html
| 86R5824 PMO-F | ||
| By: Landgraf | H.B. No. 2862 | |
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| relating to the appointment of special commissioners to assess | ||
| damages in an eminent domain proceeding. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Section 21.014(a), Property Code, is amended to | ||
| read as follows: | ||
| (a) The judge of a court in which a condemnation petition is | ||
| filed or to which an eminent domain case is assigned shall appoint, | ||
| not later than the third day after the date the condemnation | ||
| petition is filed, three disinterested real property owners who | ||
| reside in the county as special commissioners to assess the damages | ||
| of the owner of the property being condemned. The judge appointing | ||
| the special commissioners shall give preference to persons agreed | ||
| on by the parties. The judge shall provide the owner of the | ||
| property being condemned and the condemnor [ |
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| reasonable period not to exceed 20 days after the date of the | ||
| appointment to strike one of the three commissioners appointed by | ||
| the judge. If a person fails to serve as a commissioner or is struck | ||
| by a party to the suit, the judge shall appoint a replacement not | ||
| later than the third day after the date the judge receives notice | ||
| that the appointee will not serve or is struck. | ||
| SECTION 2. Section 21.014, Property Code, as amended by | ||
| this Act, applies only to a condemnation proceeding in which the | ||
| petition is filed on or after the effective date of this Act. A | ||
| condemnation proceeding filed before the effective date of this Act | ||
| is governed by the law as it existed 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, 2019. | ||
