Bill Text: TX SB18 | 2011-2012 | 82nd Legislature | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the use of eminent domain authority.
Spectrum: Slight Partisan Bill (Republican 20-11)
Status: (Passed) 2011-05-19 - Effective on 9/1/11 [SB18 Detail]
Download: Texas-2011-SB18-Comm_Sub.html
Bill Title: Relating to the use of eminent domain authority.
Spectrum: Slight Partisan Bill (Republican 20-11)
Status: (Passed) 2011-05-19 - Effective on 9/1/11 [SB18 Detail]
Download: Texas-2011-SB18-Comm_Sub.html
By: Estes, Duncan, et al. | S.B. No. 18 | |
(In the Senate - Filed January 10, 2011; January 31, 2011, | ||
read first time and referred to Committee on State Affairs; | ||
February 7, 2011, reported favorably by the following vote: | ||
Yeas 6, Nays 0; February 7, 2011, sent to printer.) |
|
||
|
||
relating to the use of eminent domain authority. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Chapter 2206, Government Code, is amended to | ||
read as follows: | ||
CHAPTER 2206. [ |
||
SUBCHAPTER A. LIMITATIONS ON PURPOSE AND USE OF PROPERTY ACQUIRED | ||
THROUGH EMINENT DOMAIN | ||
Sec. 2206.001. LIMITATION ON EMINENT DOMAIN FOR PRIVATE PARTIES | ||
OR ECONOMIC DEVELOPMENT PURPOSES. (a) This section applies to the use | ||
of eminent domain under the laws of this state, including a local or | ||
special law, by any governmental or private entity, including: | ||
(1) a state agency, including an institution of higher | ||
education as defined by Section 61.003, Education Code; | ||
(2) a political subdivision of this state; or | ||
(3) a corporation created by a governmental entity to | ||
act on behalf of the entity. | ||
(b) A governmental or private entity may not take private | ||
property through the use of eminent domain if the taking: | ||
(1) confers a private benefit on a particular private | ||
party through the use of the property; | ||
(2) is for a public use that is merely a pretext to | ||
confer a private benefit on a particular private party; [ |
||
(3) is for economic development purposes, unless the | ||
economic development is a secondary purpose resulting from | ||
municipal community development or municipal urban renewal | ||
activities to eliminate an existing affirmative harm on society | ||
from slum or blighted areas under: | ||
(A) Chapter 373 or 374, Local Government Code, | ||
other than an activity described by Section 373.002(b)(5), Local | ||
Government Code; or | ||
(B) Section 311.005(a)(1)(I), Tax Code; or | ||
(4) is not for a public use. | ||
(c) This section does not affect the authority of an entity | ||
authorized by law to take private property through the use of | ||
eminent domain for: | ||
(1) transportation projects, including, but not | ||
limited to, railroads, airports, or public roads or highways; | ||
(2) entities authorized under Section 59, Article XVI, | ||
Texas Constitution, including: | ||
(A) port authorities; | ||
(B) navigation districts; and | ||
(C) any other conservation or reclamation | ||
districts that act as ports; | ||
(3) water supply, wastewater, flood control, and | ||
drainage projects; | ||
(4) public buildings, hospitals, and parks; | ||
(5) the provision of utility services; | ||
(6) a sports and community venue project approved by | ||
voters at an election held on or before December 1, 2005, under | ||
Chapter 334 or 335, Local Government Code; | ||
(7) the operations of: | ||
(A) a common carrier pipeline [ |
||
|
||
|
||
(B) an energy transporter, as that term is | ||
defined by Section 186.051, Utilities Code; | ||
(8) a purpose authorized by Chapter 181, Utilities | ||
Code; | ||
(9) underground storage operations subject to Chapter | ||
91, Natural Resources Code; | ||
(10) a waste disposal project; or | ||
(11) a library, museum, or related facility and any | ||
infrastructure related to the facility. | ||
(d) This section does not affect the authority of a | ||
governmental entity to condemn a leasehold estate on property owned | ||
by the governmental entity. | ||
(e) The determination by the governmental or private entity | ||
proposing to take the property that the taking does not involve an | ||
act or circumstance prohibited by Subsection (b) does not create a | ||
presumption with respect to whether the taking involves that act or | ||
circumstance. | ||
Sec. 2206.002. LIMITATIONS ON EASEMENTS. (a) This section | ||
applies only to an easement acquired by an entity for the purpose of | ||
a pipeline to be used for oil or gas exploration or production | ||
activities. | ||
(b) A property owner whose property is acquired through the | ||
use of eminent domain under Chapter 21, Property Code, for the | ||
purpose of creating an easement through that owner's property may | ||
construct streets or roads, including gravel, asphalt, or concrete | ||
streets or roads, at any locations above the easement that the | ||
property owner chooses. | ||
(c) The portion of a street or road constructed under this | ||
section that is within the area covered by the easement: | ||
(1) must cross the easement at or near 90 degrees; and | ||
(2) may not: | ||
(A) exceed 40 feet in width; | ||
(B) cause a violation of any applicable pipeline | ||
regulation; or | ||
(C) interfere with the operation and maintenance | ||
of any pipeline. | ||
(d) At least 30 days before the date on which construction | ||
of an asphalt or concrete street or road that will be located wholly | ||
or partly in an area covered by an easement used for a pipeline is | ||
scheduled to begin, the property owner must submit plans for the | ||
proposed construction to the owner of the easement. | ||
SUBCHAPTER B. PROCEDURES REQUIRED TO INITIATE | ||
EMINENT DOMAIN PROCEEDINGS | ||
Sec. 2206.051. SHORT TITLE. This subchapter may be cited as | ||
the Truth in Condemnation Procedures Act. | ||
Sec. 2206.052. APPLICABILITY. The procedures in this | ||
subchapter apply only to the use of eminent domain under the laws of | ||
this state by a governmental entity. | ||
Sec. 2206.053. VOTE ON USE OF EMINENT DOMAIN. (a) Before a | ||
governmental entity initiates a condemnation proceeding by filing a | ||
petition under Section 21.012, Property Code, the governmental | ||
entity must authorize the initiation of the condemnation proceeding | ||
at a public meeting by a record vote. | ||
(b) A single ordinance, resolution, or order may be adopted | ||
for all units of property to be condemned if: | ||
(1) the motion required by Subsection (e) indicates | ||
that the first record vote applies to all units of property to be | ||
condemned; and | ||
(2) the minutes of the governmental entity reflect | ||
that the first vote applies to all of those units. | ||
(c) If more than one member of the governing body objects to | ||
adopting a single ordinance, resolution, or order by a record vote | ||
for all units of property for which condemnation proceedings are to | ||
be initiated, a separate record vote must be taken for each unit of | ||
property. | ||
(d) For the purposes of Subsections (a) and (c), if two or | ||
more units of real property are owned by the same person, the | ||
governmental entity may treat those units of property as one unit of | ||
property. | ||
(e) The motion to adopt an ordinance, resolution, or order | ||
authorizing the initiation of condemnation proceedings under | ||
Chapter 21, Property Code, must be made in a form substantially | ||
similar to the following: "I move that the (name of governmental | ||
entity) authorize the use of the power of eminent domain to acquire | ||
(describe the property) for (describe the public use)." The | ||
description of the property required by this subsection is | ||
sufficient if the description of the location of and interest in the | ||
property that the governmental entity seeks to acquire is | ||
substantially similar to the description that is or could properly | ||
be used in a petition to condemn the property under Section 21.012, | ||
Property Code. | ||
(f) If a project for a public use described by Section | ||
2206.001(c)(3) will require a governmental entity to acquire | ||
multiple tracts or units of property to construct facilities | ||
connecting one location to another location, the governing body of | ||
the governmental entity may adopt a single ordinance, resolution, | ||
or order by a record vote that delegates the authority to initiate | ||
condemnation proceedings to the chief administrative official of | ||
the governmental entity. | ||
(g) An ordinance, resolution, or order adopted under | ||
Subsection (f) is not required to identify specific properties that | ||
the governmental entity will acquire. The ordinance, resolution, | ||
or order must identify the general area to be covered by the project | ||
or the general route that will be used by the governmental entity | ||
for the project in a way that provides property owners in and around | ||
the area or along the route reasonable notice that the owners' | ||
properties may be subject to condemnation proceedings during the | ||
planning or construction of the project. | ||
SUBCHAPTER C. EXPIRATION OF CERTAIN EMINENT DOMAIN AUTHORITY | ||
Sec. 2206.101. REPORT OF EMINENT DOMAIN AUTHORITY; | ||
EXPIRATION OF AUTHORITY. (a) This section does not apply to an | ||
entity that was created or that acquired the power of eminent domain | ||
on or after December 31, 2012. | ||
(b) Not later than December 31, 2012, an entity, including a | ||
private entity, authorized by the state by a general or special law | ||
to exercise the power of eminent domain shall submit to the | ||
comptroller a letter stating that the entity is authorized by the | ||
state to exercise the power of eminent domain and identifying each | ||
provision of law that grants the entity that authority. The entity | ||
must send the letter by certified mail, return receipt requested. | ||
(c) The authority of an entity to exercise the power of | ||
eminent domain expires on September 1, 2013, unless the entity | ||
submits a letter in accordance with Subsection (b). | ||
(d) Not later than March 1, 2013, the comptroller shall | ||
submit to the governor, the lieutenant governor, the speaker of the | ||
house of representatives, the presiding officers of the appropriate | ||
standing committees of the senate and the house of representatives, | ||
and the Texas Legislative Council a report that contains: | ||
(1) the name of each entity that submitted a letter in | ||
accordance with this section; and | ||
(2) a corresponding list of the provisions granting | ||
eminent domain authority as identified by each entity that | ||
submitted a letter. | ||
(e) The Texas Legislative Council shall prepare for | ||
consideration by the 84th Legislature, Regular Session, a | ||
nonsubstantive revision of the statutes of this state as necessary | ||
to reflect the state of the law after the expiration of an entity's | ||
eminent domain authority effective under Subsection (c). | ||
SECTION 2. Section 21.0111, Property Code, is amended to | ||
read as follows: | ||
Sec. 21.0111. DISCLOSURE OF CERTAIN INFORMATION REQUIRED; | ||
INITIAL OFFER. (a) An [ |
||
authority that wants to acquire real property for a public use | ||
shall, by certified mail, return receipt requested, disclose to the | ||
property owner at the time an offer to purchase or lease the | ||
property is made any and all [ |
||
or acquired by the [ |
||
the owner's property and prepared in the 10 years preceding the date | ||
of the [ |
||
(b) A property owner shall disclose to the [ |
||
|
||
current and existing appraisal reports produced or acquired by the | ||
property owner relating specifically to the owner's property and | ||
used in determining the owner's opinion of value. Such disclosure | ||
shall take place not later than the earlier of: | ||
(1) the 10th day after the date [ |
||
receipt of an appraisal report; or | ||
(2) the third business day before the date of a special | ||
commissioner's hearing if an appraisal report is to be used at the | ||
[ |
||
|
||
(c) An entity seeking to acquire property that the entity is | ||
authorized to obtain through the use of eminent domain may not | ||
include a confidentiality provision in an offer or agreement to | ||
acquire the property. The entity shall inform the owner of the | ||
property that the owner has the right to: | ||
(1) discuss any offer or agreement regarding the | ||
entity's acquisition of the property with others; or | ||
(2) keep the offer or agreement confidential, unless | ||
the offer or agreement is subject to Chapter 552, Government Code. | ||
(d) A subsequent bona fide purchaser for value from the | ||
acquiring [ |
||
requirement of this section has been met. This section does not | ||
apply to acquisitions of real property for which an [ |
||
|
||
SECTION 3. Subchapter B, Chapter 21, Property Code, is | ||
amended by adding Section 21.0113 to read as follows: | ||
Sec. 21.0113. 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; | ||
(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; | ||
(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 4. Section 21.012, Property Code, is amended to | ||
read as follows: | ||
Sec. 21.012. CONDEMNATION PETITION. (a) If an entity [ |
||
|
||
|
||
|
||
wants to acquire real property for public use but is unable to agree | ||
with the owner of the property on the amount of damages, the | ||
[ |
||
petition in the proper court. | ||
(b) The petition must: | ||
(1) describe the property to be condemned; | ||
(2) state with specificity the public use [ |
||
for which the entity intends to acquire [ |
||
(3) state the name of the owner of the property if the | ||
owner is known; | ||
(4) state that the entity and the property owner are | ||
unable to agree on the damages; [ |
||
(5) if applicable, state that the entity provided the | ||
property owner with the landowner's bill of rights statement in | ||
accordance with Section 21.0112; and | ||
(6) state that the entity made a bona fide offer to | ||
acquire the property from the property owner voluntarily as | ||
provided by Section 21.0113. | ||
(c) An entity that files a petition under this section must | ||
provide a copy of the petition to the property owner by certified | ||
mail, return receipt requested. | ||
SECTION 5. Subsection (a), Section 21.014, 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 | ||
three disinterested real property owners [ |
||
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 each party a reasonable period | ||
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 [ |
||
SECTION 6. Subsection (a), Section 21.015, Property Code, | ||
is amended to read as follows: | ||
(a) The special commissioners in an eminent domain | ||
proceeding shall promptly schedule a hearing for the parties at the | ||
earliest practical time but may not schedule a hearing to assess | ||
damages before the 20th day after the date the special | ||
commissioners were appointed. The special commissioners shall | ||
schedule a hearing for the parties [ |
||
as practical to the property being condemned or at the county seat | ||
of the county in which the proceeding is being held. | ||
SECTION 7. Subsection (b), Section 21.016, Property Code, | ||
is amended to read as follows: | ||
(b) Notice of the hearing must be served on a party not later | ||
than the 20th [ |
||
person competent to testify may serve the notice. | ||
SECTION 8. Section 21.023, Property Code, is amended to | ||
read as follows: | ||
Sec. 21.023. DISCLOSURE OF INFORMATION REQUIRED AT TIME OF | ||
ACQUISITION. An [ |
||
authority shall disclose in writing to the property owner, at the | ||
time of acquisition of the property through eminent domain, that: | ||
(1) the owner or the owner's heirs, successors, or | ||
assigns may be [ |
||
(A) repurchase the property under Subchapter E | ||
[ |
||
|
||
|
||
(B) request from the entity certain information | ||
relating to the use of the property and any actual progress made | ||
toward that use; and | ||
(2) the repurchase price is the price paid to the owner | ||
by the entity at the time the entity acquired the property through | ||
eminent domain [ |
||
|
||
SECTION 9. Subchapter B, Chapter 21, Property Code, is | ||
amended by adding Section 21.025 to read as follows: | ||
Sec. 21.025. PRODUCTION OF INFORMATION BY CERTAIN ENTITIES. | ||
(a) Notwithstanding any other law, an entity that is not subject | ||
to Chapter 552, Government Code, and is authorized by law to acquire | ||
private property through the use of eminent domain is required to | ||
produce information as provided by this section if the information | ||
is: | ||
(1) requested by a person who owns property that is the | ||
subject of a proposed or existing eminent domain proceeding; and | ||
(2) related to the taking of the person's private | ||
property by the entity through the use of eminent domain. | ||
(b) An entity described by Subsection (a) is required under | ||
this section only to produce information relating to the | ||
condemnation of the specific property owned by the requestor as | ||
described in the request. A request under this section must contain | ||
sufficient details to allow the entity to identify the specific | ||
tract of land in relation to which the information is sought. | ||
(c) The entity shall respond to a request in accordance with | ||
the Texas Rules of Civil Procedure as if the request was made in a | ||
matter pending before a state district court. | ||
(d) Exceptions to disclosure provided by this chapter and | ||
the Texas Rules of Civil Procedure apply to the disclosure of | ||
information under this section. | ||
(e) Jurisdiction to enforce the provisions of this section | ||
resides in: | ||
(1) the court in which the condemnation was initiated; | ||
or | ||
(2) if the condemnation proceeding has not been | ||
initiated: | ||
(A) a court that would have jurisdiction over a | ||
proceeding to condemn the requestor's property; or | ||
(B) a court with eminent domain jurisdiction in | ||
the county in which the entity has its principal place of business. | ||
(f) If the entity refuses to produce information requested | ||
in accordance with this section and the court determines that the | ||
refusal violates this section, the court may award the requestor's | ||
reasonable attorney's fees incurred to compel the production of the | ||
information. | ||
SECTION 10. Subsection (d), Section 21.042, Property Code, | ||
is amended to read as follows: | ||
(d) In estimating injury or benefit under Subsection (c), | ||
the special commissioners shall consider an injury or benefit that | ||
is peculiar to the property owner and that relates to the property | ||
owner's ownership, use, or enjoyment of the particular parcel of | ||
real property, including a material impairment of direct access on | ||
or off the remaining property that affects the market value of the | ||
remaining property, but they may not consider an injury or benefit | ||
that the property owner experiences in common with the general | ||
community, including circuity of travel and diversion of traffic. | ||
In this subsection, "direct access" means ingress and egress on or | ||
off a public road, street, or highway at a location where the | ||
remaining property adjoins that road, street, or highway. | ||
SECTION 11. Subsections (a) and (b), Section 21.046, | ||
Property Code, are amended to read as follows: | ||
(a) A department, agency, instrumentality, or political | ||
subdivision of this state shall [ |
||
service for an individual, a family, a business concern, a farming | ||
or ranching operation, or a nonprofit organization that [ |
||
|
||
Assistance and Real Property Acquisition Policies Act of 1970 | ||
[ |
||
(b) This state or a political subdivision of this state | ||
shall [ |
||
expenses and rental supplements, make relocation payments, provide | ||
financial assistance to acquire replacement housing, and | ||
compensate for expenses incidental to the transfer of the property | ||
if an individual, a family, the personal property of a business, a | ||
farming or ranching operation, or a nonprofit organization is | ||
displaced in connection with the acquisition. | ||
SECTION 12. The heading to Section 21.047, Property Code, | ||
is amended to read as follows: | ||
Sec. 21.047. ASSESSMENT OF COSTS AND FEES. | ||
SECTION 13. Section 21.047, Property Code, is amended by | ||
adding Subsection (d) to read as follows: | ||
(d) If a court hearing a suit under this chapter determines | ||
that a condemnor did not make a bona fide offer to acquire the | ||
property from the property owner voluntarily as required by Section | ||
21.0113, the court shall abate the suit, order the condemnor to make | ||
a bona fide offer, and order the condemnor to pay: | ||
(1) all costs as provided by Subsection (a); and | ||
(2) any reasonable attorney's fees and other | ||
professional fees incurred by the property owner that are directly | ||
related to the violation. | ||
SECTION 14. Subchapter E, Chapter 21, Property Code, is | ||
amended to read as follows: | ||
SUBCHAPTER E. REPURCHASE OF REAL PROPERTY FROM CONDEMNING | ||
[ |
||
Sec. 21.101. RIGHT OF REPURCHASE [ |
||
person from whom [ |
||
|
||
an [ |
||
or that person's heirs, successors, or assigns, is entitled to | ||
repurchase the property as provided by this subchapter if: | ||
(1) the public use for which the property was acquired | ||
through eminent domain is [ |
||
is used for that public use; | ||
(2) no actual progress is made toward the public use | ||
for which the property was acquired between the date of acquisition | ||
and the 10th anniversary of that date; or | ||
(3) the property becomes unnecessary for the public | ||
use for which the property was acquired, or a substantially similar | ||
public use, before the 10th anniversary of the date of acquisition. | ||
(b) In this section, "actual progress" means the completion | ||
of two or more of the following actions: | ||
(1) the performance of a significant amount of labor | ||
to develop the property or other property acquired for the same | ||
public use project for which the property owner's property was | ||
acquired; | ||
(2) the provision of a significant amount of materials | ||
to develop the property or other property acquired for the same | ||
public use project for which the property owner's property was | ||
acquired; | ||
(3) the hiring of and performance of a significant | ||
amount of work by an architect, engineer, or surveyor to prepare a | ||
plan or plat that includes the property or other property acquired | ||
for the same public use project for which the property owner's | ||
property was acquired; | ||
(4) application for state or federal funds to develop | ||
the property or other property acquired for the same public use | ||
project for which the property owner's property was acquired; | ||
(5) application for a state or federal permit to | ||
develop the property or other property acquired for the same public | ||
use project for which the property owner's property was acquired; | ||
(6) the acquisition of a tract or parcel of real | ||
property adjacent to the property for the same public use project | ||
for which the owner's property was acquired; or | ||
(7) for a governmental entity, the adoption by a | ||
majority of the entity's governing body at a public hearing of a | ||
development plan for a public use project that indicates that the | ||
entity will not complete more than one action described by | ||
Subdivisions (1)-(6) before the 10th anniversary of the date of | ||
acquisition of the property [ |
||
|
||
[ |
||
[ |
||
[ |
||
(c) A district court may determine all issues in any suit | ||
regarding the repurchase of a real property interest acquired | ||
through eminent domain by the former property owner or the owner's | ||
heirs, successors, or assigns. | ||
Sec. 21.102. NOTICE TO PREVIOUS PROPERTY OWNER REQUIRED [ |
||
|
||
after the date an entity that acquired a real property interest | ||
through eminent domain determines that the former property owner is | ||
entitled to repurchase the property under Section 21.101 [ |
||
|
||
|
||
the [ |
||
receipt requested, to the property owner or the owner's heirs, | ||
successors, or assigns a notice containing: | ||
(1) an identification, which is not required to be a | ||
legal description, of the property that was acquired; | ||
(2) an identification of the public use for which the | ||
property had been acquired and a statement that: | ||
(A) the public use was [ |
||
the property was used for the public use; | ||
(B) no actual progress was made toward the public | ||
use; or | ||
(C) the property became unnecessary for the | ||
public use, or a substantially similar public use, before the 10th | ||
anniversary of the date of acquisition; and | ||
(3) a description of the person's right under this | ||
subchapter to repurchase the property. | ||
Sec. 21.1021. REQUESTS FOR INFORMATION REGARDING CONDEMNED | ||
PROPERTY. (a) On or after the 10th anniversary of the date on | ||
which real property was acquired by an entity through eminent | ||
domain, a property owner or the owner's heirs, successors, or | ||
assigns may request that the condemning entity make a determination | ||
and provide a statement and other relevant information regarding: | ||
(1) whether the public use for which the property was | ||
acquired was canceled before the property was used for the public | ||
use; | ||
(2) whether any actual progress was made toward the | ||
public use between the date of acquisition and the 10th anniversary | ||
of that date, including an itemized description of the progress | ||
made, if applicable; and | ||
(3) whether the property became unnecessary for the | ||
public use, or a substantially similar public use, before the 10th | ||
anniversary of the date of acquisition. | ||
(b) A request under this section must contain sufficient | ||
detail to allow the entity to identify the specific tract of land in | ||
relation to which the information is sought. | ||
(c) Not later than the 90th day following the date of | ||
receipt of the request for information, the entity shall send a | ||
written response by certified mail, return receipt requested, to | ||
the requestor. | ||
Sec. 21.103. RESALE OF PROPERTY; PRICE. (a) Not later | ||
than the 180th day after the date of the postmark on a [ |
||
sent under Section 21.102 or a response to a request made under | ||
Section 21.1021 that indicates that the property owner, or the | ||
owner's heirs, successors, or assigns, is entitled to repurchase | ||
the property interest in accordance with Section 21.101, the | ||
property owner or the owner's heirs, successors, or assigns must | ||
notify the [ |
||
repurchase the property interest under this subchapter. | ||
(b) As soon as practicable after receipt of a notice of | ||
intent to repurchase [ |
||
[ |
||
the person for the price paid to the owner by the entity at the time | ||
the entity acquired the property through eminent domain [ |
||
|
||
|
||
on the 90th day after the date on which the [ |
||
makes the offer. | ||
SECTION 15. Section 202.021, Transportation Code, is | ||
amended by adding Subsection (j) to read as follows: | ||
(j) The standard for determination of the fair value of the | ||
state's interest in access rights to a highway right-of-way is the | ||
same legal standard that is applied by the commission in the: | ||
(1) acquisition of access rights under Subchapter D, | ||
Chapter 203; and | ||
(2) payment of damages in the exercise of the | ||
authority, under Subchapter C, Chapter 203, for impairment of | ||
highway access to or from real property where the real property | ||
adjoins the highway. | ||
SECTION 16. Section 54.209, Water Code, is amended to read | ||
as follows: | ||
Sec. 54.209. LIMITATION ON USE OF EMINENT DOMAIN. A | ||
district may not exercise the power of eminent domain outside the | ||
district boundaries to acquire: | ||
(1) a site for a water treatment plant, water storage | ||
facility, wastewater treatment plant, or wastewater disposal | ||
plant; | ||
(2) a site for a park, swimming pool, or other | ||
recreational facility, as defined by Section 49.462 [ |
||
|
||
(3) [ |
||
|
||
[ |
||
park; or | ||
(4) a site or easement for a road project. | ||
SECTION 17. (a) Section 552.0037, Government Code, is | ||
repealed. | ||
(b) Section 21.024, Property Code, is repealed. | ||
SECTION 18. Chapter 2206, Government Code, and Chapter 21, | ||
Property Code, as amended by this Act, apply only to a condemnation | ||
proceeding in which the petition is filed on or after the effective | ||
date of this Act and to any property condemned through the | ||
proceeding. A condemnation proceeding in which the petition is | ||
filed before the effective date of this Act and any property | ||
condemned through the proceeding are governed by the law in effect | ||
immediately before that date, and that law is continued in effect | ||
for that purpose. | ||
SECTION 19. The change in law made by this Act to Section | ||
202.021, Transportation Code, applies only to a sale or transfer | ||
under that section that occurs on or after the effective date of | ||
this Act. A sale or transfer that occurs before the effective date | ||
of this Act is governed by the law applicable to the sale or | ||
transfer immediately before the effective date of this Act, and | ||
that law is continued in effect for that purpose. | ||
SECTION 20. The changes in law made by this Act to Section | ||
54.209, Water Code, apply only to a condemnation proceeding in | ||
which the petition is filed on or after the effective date of this | ||
Act. A condemnation proceeding in which the petition is filed | ||
before the effective date of this Act is governed by the law in | ||
effect on the date the petition was filed, and that law is continued | ||
in effect for that purpose. | ||
SECTION 21. This Act takes effect September 1, 2011. | ||
* * * * * |