Bill Text: TX HB4069 | 2019-2020 | 86th Legislature | Introduced

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Bill Title: Relating to the authority of a commissioners court to disapprove of certain condemnations.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2019-03-21 - Referred to Land & Resource Management [HB4069 Detail]

Download: Texas-2019-HB4069-Introduced.html

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86R11750 NC-D
By: Wilson H.B. No. 4069

A BILL TO BE ENTITLED
AN ACT
relating to the authority of a commissioners court to disapprove of
certain condemnations.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 21.018(a), Property Code, is amended to
read as follows:
(a) A party to a condemnation proceeding may object to the
findings of the special commissioners by filing a written statement
of the objections and their grounds with the court that has
jurisdiction of the proceeding or, if applicable, by filing a
petition with the commissioners court under Section 21.0185. The
statement must be filed on or before the first Monday following the
20th day after the day the commissioners file their findings with
the court.
SECTION 2. Subchapter B, Chapter 21, Property Code, is
amended by adding Section 21.0185 to read as follows:
Sec. 21.0185. PETITION FOR DISAPPROVAL OF CERTAIN
CONDEMNATIONS. (a) This section applies only to the condemnation
of property by:
(1) a governmental entity exercising its eminent
domain authority if:
(A) the entity is a political subdivision;
(B) the governing body of the entity is elected;
and
(C) the property being acquired is located
outside the territorial boundaries of the entity; or
(2) a private entity exercising its eminent domain
authority.
(b) In lieu of filing an objection to the special
commissioners' findings under Section 21.018 with the court, the
property owner, not later than the 14th day after the date the
special commissioners file their findings with the court, may file
a petition with the commissioners court of the county in which a
majority of the property to be condemned is located for the
disapproval of the condemnation.
(c) If the property owner files the petition with the
commissioners court, the commissioners court shall hold a hearing
to determine whether to approve the condemnation of the property.
The commissioners court may disapprove the condemnation entirely or
disapprove a term of the condemnation, including the property to be
condemned, proposed use of the property, or amount of damages for
the property.
(d) The entity may not condemn the property unless a
majority of the commissioners court approves the condemnation of
the property under Subsection (c). If the commissioners court
disapproves a term of the condemnation, the entity may revise the
final offer to the property owner.
SECTION 3. Section 21.0185, Property Code, as added by this
Act, applies only to a condemnation in which an initial offer is
made under Section 21.0113, Property Code, on or after the
effective date of this Act.
SECTION 4. This Act takes effect September 1, 2019.