Bill Text: TX SB724 | 2021-2022 | 87th Legislature | Introduced
Bill Title: Relating to the award of attorney's fees and other costs in an eminent domain proceeding.
Spectrum: Strong Partisan Bill (Republican 10-1)
Status: (Introduced - Dead) 2021-03-11 - Referred to State Affairs [SB724 Detail]
Download: Texas-2021-SB724-Introduced.html
87R2398 BEE-D | ||
By: Schwertner, et al. | S.B. No. 724 |
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relating to the award of attorney's fees and other costs in an | ||
eminent domain proceeding. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 21.047, Property Code, is amended by | ||
adding Subsection (a-1) to read as follows: | ||
(a-1) If the amount of damages awarded by the special | ||
commissioners is at least 20 percent greater than the amount of the | ||
condemnor's final offer made in accordance with Section 21.0113, or | ||
if the commissioners' award is appealed and a court awards damages | ||
in an amount that is at least 20 percent greater than the amount of | ||
the condemnor's final offer made in accordance with Section | ||
21.0113, the condemnor: | ||
(1) shall pay all costs as provided by Subsection (a); | ||
and | ||
(2) may be required to pay reasonable attorney's fees | ||
and other professional fees incurred by the property owner in | ||
connection with the eminent domain proceeding. | ||
SECTION 2. Section 21.047(a-1), Property Code, as added by | ||
this Act, applies only to an eminent domain proceeding commenced on | ||
or after the effective date of this Act. An eminent domain | ||
proceeding commenced before the effective date of this Act is | ||
governed by the law applicable to the proceeding 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, 2021. |