Bill Text: TX HB3170 | 2017-2018 | 85th Legislature | Introduced
Bill Title: Relating to the protection of the rights of a property owner in an eminent domain proceeding.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2017-04-12 - Left pending in committee [HB3170 Detail]
Download: Texas-2017-HB3170-Introduced.html
85R14174 E | ||
By: Bell | H.B. No. 3170 |
|
||
|
||
relating to the protection of the rights of a property owner in an | ||
eminent domain proceeding. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 21.0111, Property Code, is amended by | ||
adding Subsection (a-1) to read as follows: | ||
(a-1) After making an offer to which Subsection (a) applies, | ||
the entity shall disclose to the property owner any new, amended, or | ||
updated appraisal report produced or acquired by or on behalf of the | ||
entity after making the offer and used in determining the entity's | ||
opinion of value. A disclosure required by this subsection must be | ||
made not later than the earlier of: | ||
(1) the 10th day after the date the entity receives the | ||
appraisal report; or | ||
(2) the third business day before the date of a special | ||
commissioner's hearing if the appraisal report is to be used at the | ||
hearing. | ||
SECTION 2. Section 21.012, Property Code, is amended by | ||
adding Subsection (d) to read as follows: | ||
(d) In accordance with Section 21.019(b-1), a court shall | ||
dismiss a condemnation proceeding unless the entity that files a | ||
petition under this section proves to the court that the entity has | ||
met the requirements described in Subsection (b). | ||
SECTION 3. Section 21.019, Property Code, is amended by | ||
amending Subsections (a), (b), and (c) and adding Subsection (b-1) | ||
to read as follows: | ||
(a) A party that files a condemnation petition may move to | ||
dismiss, in whole or in part, the proceedings, and the court shall | ||
conduct a hearing on the motion. However, after the special | ||
commissioners have made an award, in an effort to obtain a lower | ||
award a condemnor may not dismiss, in whole or in part, the | ||
condemnation proceedings merely to institute new proceedings that | ||
involve substantially the same condemnation against the same | ||
property owner. | ||
(b) A court that hears and grants a motion to dismiss, in | ||
whole or in part, a condemnation proceeding made by a condemnor | ||
under Subsection (a) shall make an allowance to the property owner | ||
for reasonable and necessary fees for attorneys, appraisers, and | ||
photographers and for the other expenses incurred by the property | ||
owner to the date of the hearing. | ||
(b-1) The court shall dismiss a condemnation proceeding if | ||
the court finds that the party that filed the condemnation petition | ||
failed to comply with any provision of Sections 21.0111 through | ||
21.012. A court that grants a motion to dismiss under this | ||
subsection shall make an allowance to the property owner for | ||
reasonable and necessary fees for attorneys, appraisers, and | ||
photographers and for the other expenses incurred by the property | ||
owner to the date of the hearing. | ||
(c) Except as provided by Subsection (b-1), a [ |
||
hears and grants a motion to dismiss a condemnation proceeding made | ||
by a property owner seeking a judicial denial of the right to | ||
condemn or that otherwise renders a judgment denying the right to | ||
condemn may make an allowance to the property owner for reasonable | ||
and necessary fees for attorneys, appraisers, and photographers and | ||
for the other expenses incurred by the property owner to the date of | ||
the hearing or judgment. | ||
SECTION 4. Sections 21.0195(b) and (c), Property Code, are | ||
amended to read as follows: | ||
(b) The department may move to dismiss, in whole or in part, | ||
a proceeding it files, and the court shall conduct a hearing on the | ||
motion. The court may grant the motion only if the court determines | ||
that the property owner's interest will not be materially affected | ||
by the dismissal. The department may not dismiss, in whole or in | ||
part, the condemnation proceedings merely to institute new | ||
proceedings that involve substantially the same condemnation | ||
against the same property owner solely to obtain a lower | ||
condemnation award. | ||
(c) If a court dismisses, in whole or in part, a | ||
condemnation proceeding on the motion of the department or as a | ||
result of the failure of the department to bring the proceeding | ||
properly, the court shall make an allowance to the property owner | ||
for the value of the department's use of the property while in | ||
possession of the property, any damage that the condemnation has | ||
caused to the property owner, and any expenses the property owner | ||
has incurred in connection with the condemnation, including | ||
reasonable and necessary fees for attorneys. | ||
SECTION 5. Section 21.047(d), Property Code, is repealed. | ||
SECTION 6. (a) Section 21.0111, Property Code, as amended | ||
by this Act, applies only to the acquisition of real property in | ||
connection with an initial offer made under Section 21.0113, | ||
Property Code, on or after the effective date of this Act. An | ||
acquisition of real property in connection with an initial offer | ||
made under Section 21.0113, Property Code, before the effective | ||
date of this Act is governed by the law applicable to the | ||
acquisition immediately before the effective date of this Act, and | ||
that law is continued in effect for that purpose. | ||
(b) Sections 21.012, 21.019, 21.0195, and 21.047, Property | ||
Code, as amended by this Act, apply 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 7. This Act takes effect immediately if it receives | ||
a vote of two-thirds of all the members elected to each house, as | ||
provided by Section 39, Article III, Texas Constitution. If this | ||
Act does not receive the vote necessary for immediate effect, this | ||
Act takes effect September 1, 2017. |