Bill Text: TX HB746 | 2011-2012 | 82nd Legislature | Introduced
Bill Title: Relating to the assessment of damages to a property owner from condemnation.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Introduced - Dead) 2011-02-22 - Referred to Land & Resource Management [HB746 Detail]
Download: Texas-2011-HB746-Introduced.html
| 82R3967 AJA-D | ||
| By: Johnson | H.B. No. 746 | |
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| relating to the assessment of damages to a property owner from | ||
| condemnation. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Section 21.041, Property Code, is amended to | ||
| read as follows: | ||
| Sec. 21.041. EVIDENCE. As the basis for assessing actual | ||
| damages to a property owner from a condemnation, the special | ||
| commissioners shall admit evidence on: | ||
| (1) the value of the property being condemned; | ||
| (2) the injury to the property owner, including, if | ||
| the condemnation makes relocation of a homestead, farm, or business | ||
| necessary, the financial damages associated with the cost of | ||
| relocating from the condemned property to another property: | ||
| (A) in the same municipality or, if the property | ||
| is not in an incorporated area, the same county; and | ||
| (B) that allows the property owner, without the | ||
| necessity of incurring an amount of debt, debt service, or total | ||
| projected interest obligation that is higher than the property | ||
| owner was subject to immediately before the condemnation, to: | ||
| (i) have a standard of living comparable to | ||
| the property owner's standard of living immediately before the | ||
| condemnation, if the condemned property is a homestead that is | ||
| habitable; or | ||
| (ii) operate a comparable farm or business, | ||
| if the condemned property is a farm or business; | ||
| (3) the benefit to the property owner's remaining | ||
| property; and | ||
| (4) the use of the property for the purpose of the | ||
| condemnation. | ||
| SECTION 2. Section 21.042(d), 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, including the property owner's | ||
| financial damages described by Section 21.041(2), and that relates | ||
| to the property owner's ownership, use, or enjoyment of the | ||
| particular parcel of real property, but they may not consider an | ||
| injury or benefit that the property owner experiences in common | ||
| with the general community. | ||
| SECTION 3. The change in law made by this Act applies 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 immediately before the effective date | ||
| of this Act, and that law is continued in effect for that purpose. | ||
| SECTION 4. 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, 2011. | ||
