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