Bill Text: TX HB4760 | 2023-2024 | 88th Legislature | Introduced
Bill Title: Relating to the state's ability to exercise eminent domain on private property.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2023-03-22 - Referred to Land & Resource Management [HB4760 Detail]
Download: Texas-2023-HB4760-Introduced.html
By: Jones of Harris | H.B. No. 4760 |
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relating to the state's ability to exercise eminent domain on | ||
private property. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Sec. 21.0113, Property Code, is amended to be | ||
read as follows: | ||
BONA FIDE OFFER REQUIRED. (a) An entity with eminent domain | ||
authority that wants to acquire real property for a public use must | ||
make a bona fide offer to acquire the property from the property | ||
owner voluntarily. | ||
(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 that includes: | ||
(A) a copy of the landowner's bill of rights | ||
statement prescribed by Section 402.031, Government Code, | ||
including the addendum prescribed by Section 402.031(c-1), | ||
Government Code, if applicable; | ||
(B) a statement, in bold print and a larger font | ||
than the other portions of the offer, indicating whether the | ||
compensation being offered includes: | ||
(i) damages to the remainder, if any, of the | ||
property owner's remaining property; or | ||
(ii) an replacement value appraisal of the | ||
property, including damages to the remainder, if any, prepared by a | ||
certified appraiser certified to practice as a certified general | ||
appraiser under Chapter 1103, Occupations Code; | ||
(iii) an appraisal of the expected moving | ||
expenses; | ||
(C) an instrument of conveyance, provided that if | ||
the entity is a private entity as defined by Section 21.0114(a), the | ||
instrument must comply with Section 21.0114, as applicable, unless: | ||
(i) the entity has previously provided an | ||
instrument complying with Section 21.0114; | ||
(ii) the property owner desires to use an | ||
instrument different than one complying with Section 21.0114 and | ||
consents in writing to use a different instrument; or | ||
(iii) the property owner provided the | ||
entity with the instrument prior to the issuance of the initial | ||
offer; and | ||
(D) the name and telephone number of a | ||
representative of the entity who is: | ||
(i) an employee of the entity; | ||
(ii) an employee of an affiliate providing | ||
services on behalf of the entity; | ||
(iii) a legal representative of the entity; | ||
or | ||
(iv) if the entity does not have employees, | ||
an individual designated to represent the day-to-day operations of | ||
the entity; | ||
(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 replacement value 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; | ||
(5) the final offer is equal to or greater than the | ||
amount of the written replacement value appraisal and expected | ||
moving expenses 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 replacement value | ||
appraisal; | ||
(B) a copy of the written expected moving | ||
expenses appraisal; | ||
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instrument conveying the property sought to be acquired; and | ||
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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. Subchapter B, Chapter 21, Property Code, is | ||
amended by adding Subsection 126: | ||
(a) A property owner whom the state executes eminent domain | ||
to acquire the property from voluntarily has the right to first | ||
refusal on partial acquisitions of the property. | ||
(b) A property owner whom the state executed eminent domain | ||
and acquired a property from has the right to a first refusal to any | ||
offers for private ownership of the property from the state. |