Bill Text: TX HB2284 | 2023-2024 | 88th Legislature | Introduced
Bill Title: Relating to the right to repurchase certain real property from a condemning entity after a change to the use of the property.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2023-03-09 - Referred to Land & Resource Management [HB2284 Detail]
Download: Texas-2023-HB2284-Introduced.html
88R3531 SHH-D | ||
By: King of Hemphill | H.B. No. 2284 |
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relating to the right to repurchase certain real property from a | ||
condemning entity after a change to the use of the property. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 21.101(a), Property Code, is amended to | ||
read as follows: | ||
(a) A person from whom a real property interest is acquired | ||
by an entity through eminent domain for a public use, 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 canceled before the property 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; [ |
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(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; | ||
or | ||
(4) the use of the property is changed from the public | ||
use for which the property was initially acquired to any other use | ||
during the lifetime of: | ||
(A) the person from whom the property was | ||
acquired; or | ||
(B) a person who is related within three | ||
generations by blood, marriage, or adoption to the person from whom | ||
the property was acquired. | ||
SECTION 2. Section 21.102, Property Code, is amended to | ||
read as follows: | ||
Sec. 21.102. NOTICE TO PREVIOUS PROPERTY OWNER REQUIRED. | ||
Not later than the 180th day after the date an entity that acquired | ||
a real property interest through eminent domain determines that the | ||
former property owner, or the owner's heirs, successors, or | ||
assigns, is or may be entitled to repurchase the property under | ||
Section 21.101, the entity shall send by certified mail, return | ||
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 canceled before the | ||
property was used for the public use; | ||
(B) no actual progress was made toward the public | ||
use; [ |
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(C) the property became unnecessary for the | ||
public use, or a substantially similar public use, before the 10th | ||
anniversary of the date of acquisition; or | ||
(D) the use of the property was changed from the | ||
public use for which the property was initially acquired to any | ||
other use; and | ||
(3) a description of the person's right under this | ||
subchapter to repurchase the property. | ||
SECTION 3. Section 21.1021(a), Property Code, is amended to | ||
read as follows: | ||
(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; [ |
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(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; and | ||
(4) whether, between the date of acquisition and the | ||
date of the request, the use of the property was changed from the | ||
public use for which the property was acquired to any other use. | ||
SECTION 4. Section 21.103(a), Property Code, is amended to | ||
read as follows: | ||
(a) Not later than the 180th day after the date of the | ||
postmark on a notice 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 or may be | ||
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 entity of the person's | ||
intent to repurchase the property interest under this subchapter. | ||
SECTION 5. The changes in law made by this Act apply only to | ||
a real property interest acquired in connection with a condemnation | ||
proceeding in which the petition is filed on or after the effective | ||
date of this Act. A real property interest acquired in connection | ||
with a condemnation proceeding in which the petition is filed | ||
before the effective date of this Act is governed by the law in | ||
effect immediately before that date, and that law is continued in | ||
effect for that purpose. | ||
SECTION 6. This Act takes effect September 1, 2023. |