Bill Text: TX SB18 | 2011-2012 | 82nd Legislature | Enrolled

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Bill Title: Relating to the use of eminent domain authority.

Sponsorship: Broadly Bipartisan Bill

Status: (Passed) 2011-05-19 - Effective on 9/1/11 [SB18 Detail]

Download: Texas-2011-SB18-Enrolled.html

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S.B. No. 18

AN ACT
relating to the use of eminent domain authority.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subsection (a), Section 11.155, Education Code,
is amended to read as follows:
(a) An independent school district may, by the exercise of
the right of eminent domain, acquire the fee simple title to real
property [for the purpose of securing sites] on which to construct
school buildings or for any other public use [purpose] necessary
for the district.
SECTION 2. Chapter 2206, Government Code, is amended to
read as follows:
CHAPTER 2206. [LIMITATIONS ON USE OF] EMINENT DOMAIN
SUBCHAPTER A. LIMITATIONS ON PURPOSE AND USE OF PROPERTY ACQUIRED
THROUGH EMINENT DOMAIN
Sec. 2206.001. LIMITATION ON EMINENT DOMAIN FOR PRIVATE PARTIES
OR ECONOMIC DEVELOPMENT PURPOSES. (a) This section applies to the use
of eminent domain under the laws of this state, including a local or
special law, by any governmental or private entity, including:
(1) a state agency, including an institution of higher
education as defined by Section 61.003, Education Code;
(2) a political subdivision of this state; or
(3) a corporation created by a governmental entity to
act on behalf of the entity.
(b) A governmental or private entity may not take private
property through the use of eminent domain if the taking:
(1) confers a private benefit on a particular private
party through the use of the property;
(2) is for a public use that is merely a pretext to
confer a private benefit on a particular private party; [or]
(3) is for economic development purposes, unless the
economic development is a secondary purpose resulting from
municipal community development or municipal urban renewal
activities to eliminate an existing affirmative harm on society
from slum or blighted areas under:
(A) Chapter 373 or 374, Local Government Code,
other than an activity described by Section 373.002(b)(5), Local
Government Code; or
(B) Section 311.005(a)(1)(I), Tax Code; or
(4) is not for a public use.
(c) This section does not affect the authority of an entity
authorized by law to take private property through the use of
eminent domain for:
(1) transportation projects, including, but not
limited to, railroads, airports, or public roads or highways;
(2) entities authorized under Section 59, Article XVI,
Texas Constitution, including:
(A) port authorities;
(B) navigation districts; and
(C) any other conservation or reclamation
districts that act as ports;
(3) water supply, wastewater, flood control, and
drainage projects;
(4) public buildings, hospitals, and parks;
(5) the provision of utility services;
(6) a sports and community venue project approved by
voters at an election held on or before December 1, 2005, under
Chapter 334 or 335, Local Government Code;
(7) the operations of:
(A) a common carrier pipeline [subject to Chapter
111, Natural Resources Code, and Section B(3)(b), Article 2.01,
Texas Business Corporation Act]; or
(B) an energy transporter, as that term is
defined by Section 186.051, Utilities Code;
(8) a purpose authorized by Chapter 181, Utilities
Code;
(9) underground storage operations subject to Chapter
91, Natural Resources Code;
(10) a waste disposal project; or
(11) a library, museum, or related facility and any
infrastructure related to the facility.
(d) This section does not affect the authority of a
governmental entity to condemn a leasehold estate on property owned
by the governmental entity.
(e) The determination by the governmental or private entity
proposing to take the property that the taking does not involve an
act or circumstance prohibited by Subsection (b) does not create a
presumption with respect to whether the taking involves that act or
circumstance.
Sec. 2206.002. LIMITATIONS ON EASEMENTS. (a) This section
applies only to an easement acquired by an entity for the purpose of
a pipeline to be used for oil or gas exploration or production
activities.
(b) A property owner whose property is acquired through the
use of eminent domain under Chapter 21, Property Code, for the
purpose of creating an easement through that owner's property may
construct streets or roads, including gravel, asphalt, or concrete
streets or roads, at any locations above the easement that the
property owner chooses.
(c) The portion of a street or road constructed under this
section that is within the area covered by the easement:
(1) must cross the easement at or near 90 degrees; and
(2) may not:
(A) exceed 40 feet in width;
(B) cause a violation of any applicable pipeline
regulation; or
(C) interfere with the operation and maintenance
of any pipeline.
(d) At least 30 days before the date on which construction
of an asphalt or concrete street or road that will be located wholly
or partly in an area covered by an easement used for a pipeline is
scheduled to begin, the property owner must submit plans for the
proposed construction to the owner of the easement.
(e) Notwithstanding the provisions of this section, a
property owner and the owner of the easement may agree to terms
other than those stated in Subsection (c).
SUBCHAPTER B. PROCEDURES REQUIRED TO INITIATE
EMINENT DOMAIN PROCEEDINGS
Sec. 2206.051. SHORT TITLE. This subchapter may be cited as
the Truth in Condemnation Procedures Act.
Sec. 2206.052. APPLICABILITY. The procedures in this
subchapter apply only to the use of eminent domain under the laws of
this state by a governmental entity.
Sec. 2206.053. VOTE ON USE OF EMINENT DOMAIN. (a) Before a
governmental entity initiates a condemnation proceeding by filing a
petition under Section 21.012, Property Code, the governmental
entity must:
(1) authorize the initiation of the condemnation
proceeding at a public meeting by a record vote; and
(2) include in the notice for the public meeting as
required by Subchapter C, Chapter 551, in addition to other
information as required by that subchapter, the consideration of
the use of eminent domain to condemn property as an agenda item.
(b) A single ordinance, resolution, or order may be adopted
for all units of property to be condemned if:
(1) the motion required by Subsection (e) indicates
that the first record vote applies to all units of property to be
condemned; and
(2) the minutes of the governmental entity reflect
that the first vote applies to all of those units.
(c) If more than one member of the governing body objects to
adopting a single ordinance, resolution, or order by a record vote
for all units of property for which condemnation proceedings are to
be initiated, a separate record vote must be taken for each unit of
property.
(d) For the purposes of Subsections (a) and (c), if two or
more units of real property are owned by the same person, the
governmental entity may treat those units of property as one unit of
property.
(e) The motion to adopt an ordinance, resolution, or order
authorizing the initiation of condemnation proceedings under
Chapter 21, Property Code, must be made in a form substantially
similar to the following: "I move that the (name of governmental
entity) authorize the use of the power of eminent domain to acquire
(describe the property) for (describe the public use)." The
description of the property required by this subsection is
sufficient if the description of the location of and interest in the
property that the governmental entity seeks to acquire is
substantially similar to the description that is or could properly
be used in a petition to condemn the property under Section 21.012,
Property Code.
(f) If a project for a public use described by Section
2206.001(c)(3) will require a governmental entity to acquire
multiple tracts or units of property to construct facilities
connecting one location to another location, the governing body of
the governmental entity may adopt a single ordinance, resolution,
or order by a record vote that delegates the authority to initiate
condemnation proceedings to the chief administrative official of
the governmental entity.
(g) An ordinance, resolution, or order adopted under
Subsection (f) is not required to identify specific properties that
the governmental entity will acquire. The ordinance, resolution,
or order must identify the general area to be covered by the project
or the general route that will be used by the governmental entity
for the project in a way that provides property owners in and around
the area or along the route reasonable notice that the owners'
properties may be subject to condemnation proceedings during the
planning or construction of the project.
SUBCHAPTER C. EXPIRATION OF CERTAIN EMINENT DOMAIN AUTHORITY
Sec. 2206.101. REPORT OF EMINENT DOMAIN AUTHORITY;
EXPIRATION OF AUTHORITY. (a) This section does not apply to an
entity that was created or that acquired the power of eminent domain
on or after December 31, 2012.
(b) Not later than December 31, 2012, an entity, including a
private entity, authorized by the state by a general or special law
to exercise the power of eminent domain shall submit to the
comptroller a letter stating that the entity is authorized by the
state to exercise the power of eminent domain and identifying each
provision of law that grants the entity that authority. The entity
must send the letter by certified mail, return receipt requested.
(c) The authority of an entity to exercise the power of
eminent domain expires on September 1, 2013, unless the entity
submits a letter in accordance with Subsection (b).
(d) Not later than March 1, 2013, the comptroller shall
submit to the governor, the lieutenant governor, the speaker of the
house of representatives, the presiding officers of the appropriate
standing committees of the senate and the house of representatives,
and the Texas Legislative Council a report that contains:
(1) the name of each entity that submitted a letter in
accordance with this section; and
(2) a corresponding list of the provisions granting
eminent domain authority as identified by each entity that
submitted a letter.
(e) The Texas Legislative Council shall prepare for
consideration by the 84th Legislature, Regular Session, a
nonsubstantive revision of the statutes of this state as necessary
to reflect the state of the law after the expiration of an entity's
eminent domain authority effective under Subsection (c).
SECTION 3. Subsection (a), Section 251.001, Local
Government Code, is amended to read as follows:
(a) When the governing body of a municipality considers it
necessary, the municipality may exercise the right of eminent
domain for a public use [purpose] to acquire public or private
property, whether located inside or outside the municipality, for
any of the following uses [purposes]:
(1) the providing, enlarging, or improving of a
municipally owned city hall; police station; jail or other law
enforcement detention facility; fire station; library; school or
other educational facility; academy; auditorium; hospital;
sanatorium; market house; slaughterhouse; warehouse; elevator;
railroad terminal; airport; ferry; ferry landing; pier; wharf; dock
or other shipping facility; loading or unloading facility; alley,
street, or other roadway; park, playground, or other recreational
facility; square; water works system, including reservoirs, other
water supply sources, watersheds, and water storage, drainage,
treatment, distribution, transmission, and emptying facilities;
sewage system including sewage collection, drainage, treatment,
disposal, and emptying facilities; electric or gas power system;
cemetery; and crematory;
(2) the determining of riparian rights relative to the
municipal water works;
(3) the straightening or improving of the channel of
any stream, branch, or drain;
(4) the straightening, widening, or extending of any
alley, street, or other roadway; and
(5) [for] any other municipal public use [purpose] the
governing body considers advisable.
SECTION 4. Subsection (a), Section 261.001, Local
Government Code, is amended to read as follows:
(a) A county may exercise the right of eminent domain to
condemn and acquire land, an easement in land, or a right-of-way if
the acquisition is necessary for the construction of a jail,
courthouse, hospital, or library, or for another public use
[purpose] authorized by law.
SECTION 5. Subsection (c), Section 263.201, Local
Government Code, is amended to read as follows:
(c) The declaration of taking must contain:
(1) a declaration that the land or interest in land
described in the original petition is taken for a public use
[purpose] and for ultimate conveyance to the United States;
(2) a description of the land sufficient for the
identification of the land;
(3) a statement of the estate or interest in the land
being taken;
(4) a statement of the public use to be made of the
land;
(5) a plan showing the land being taken; and
(6) a statement of the amount of damages awarded by the
special commissioners, or by the jury on appeal, for the taking of
the land.
SECTION 6. Section 273.002, Local Government Code, is
amended to read as follows:
Sec. 273.002. CONDEMNATION. Condemnation of property under
this chapter shall be in accordance with state law relating to
eminent domain, which may be Chapter 21, Property Code, or any other
state law governing and relating to the condemnation of land for
public use [purposes] by a municipality.
SECTION 7. Section 21.0111, Property Code, is amended to
read as follows:
Sec. 21.0111. DISCLOSURE OF CERTAIN INFORMATION REQUIRED;
INITIAL OFFER. (a) An [A governmental] entity with eminent domain
authority that wants to acquire real property for a public use
shall, by certified mail, return receipt requested, disclose to the
property owner at the time an offer to purchase or lease the
property is made any and all [existing] appraisal reports produced
or acquired by the [governmental] entity relating specifically to
the owner's property and prepared in the 10 years preceding the date
of the [used in determining the final valuation] offer.
(b) A property owner shall disclose to the [acquiring
governmental] entity seeking to acquire the property any and all
current and existing appraisal reports produced or acquired by the
property owner relating specifically to the owner's property and
used in determining the owner's opinion of value. Such disclosure
shall take place not later than the earlier of:
(1) the 10th day after the date [within 10 days] of
receipt of an appraisal report; or
(2) the third business day before the date of a special
commissioner's hearing if an appraisal report is to be used at the
[reports but no later than 10 days prior to the special
commissioner's] hearing.
(c) An entity seeking to acquire property that the entity is
authorized to obtain through the use of eminent domain may not
include a confidentiality provision in an offer or agreement to
acquire the property. The entity shall inform the owner of the
property that the owner has the right to:
(1) discuss any offer or agreement regarding the
entity's acquisition of the property with others; or
(2) keep the offer or agreement confidential, unless
the offer or agreement is subject to Chapter 552, Government Code.
(d) A subsequent bona fide purchaser for value from the
acquiring [governmental] entity may conclusively presume that the
requirement of this section has been met. This section does not
apply to acquisitions of real property for which an [a
governmental] entity does not have eminent domain authority.
SECTION 8. Subchapter B, Chapter 21, Property Code, is
amended by adding Section 21.0113 to read as follows:
Sec. 21.0113. BONA FIDE OFFER REQUIRED. (a) An entity
with eminent domain authority that wants to acquire real property
for a public use must make a bona fide offer to acquire the property
from the property owner voluntarily.
(b) An entity with eminent domain authority has made a bona
fide offer if:
(1) an initial offer is made in writing to a property
owner;
(2) a final offer is made in writing to the property
owner;
(3) the final offer is made on or after the 30th day
after the date on which the entity makes a written initial offer to
the property owner;
(4) before making a final offer, the entity obtains a
written appraisal from a certified appraiser of the value of the
property being acquired and the damages, if any, to any of the
property owner's remaining property;
(5) the final offer is equal to or greater than the
amount of the written appraisal obtained by the entity;
(6) the following items are included with the final
offer or have been previously provided to the owner by the entity:
(A) a copy of the written appraisal;
(B) a copy of the deed, easement, or other
instrument conveying the property sought to be acquired; and
(C) the landowner's bill of rights statement
prescribed by Section 21.0112; and
(7) the entity provides the property owner with at
least 14 days to respond to the final offer and the property owner
does not agree to the terms of the final offer within that period.
SECTION 9. Section 21.012, Property Code, is amended to
read as follows:
Sec. 21.012. CONDEMNATION PETITION. (a) If an entity [the
United States, this state, a political subdivision of this state, a
corporation] with eminent domain authority[, or an irrigation,
water improvement, or water power control district created by law]
wants to acquire real property for public use but is unable to agree
with the owner of the property on the amount of damages, the
[condemning] entity may begin a condemnation proceeding by filing a
petition in the proper court.
(b) The petition must:
(1) describe the property to be condemned;
(2) state with specificity the public use [purpose]
for which the entity intends to acquire [use] the property;
(3) state the name of the owner of the property if the
owner is known;
(4) state that the entity and the property owner are
unable to agree on the damages; [and]
(5) if applicable, state that the entity provided the
property owner with the landowner's bill of rights statement in
accordance with Section 21.0112; and
(6) state that the entity made a bona fide offer to
acquire the property from the property owner voluntarily as
provided by Section 21.0113.
(c) An entity that files a petition under this section must
provide a copy of the petition to the property owner by certified
mail, return receipt requested.
SECTION 10. Subsection (a), Section 21.014, Property Code,
is amended to read as follows:
(a) The judge of a court in which a condemnation petition is
filed or to which an eminent domain case is assigned shall appoint
three disinterested real property owners [freeholders] who reside
in the county as special commissioners to assess the damages of the
owner of the property being condemned. The judge appointing the
special commissioners shall give preference to persons agreed on by
the parties. The judge shall provide each party a reasonable period
to strike one of the three commissioners appointed by the judge. If
a person fails to serve as a commissioner or is struck by a party to
the suit, the judge shall [may] appoint a replacement.
SECTION 11. Subsection (a), Section 21.015, Property Code,
is amended to read as follows:
(a) The special commissioners in an eminent domain
proceeding shall promptly schedule a hearing for the parties at the
earliest practical time but may not schedule a hearing to assess
damages before the 20th day after the date the special
commissioners were appointed. The special commissioners shall
schedule a hearing for the parties [and] at a place that is as near
as practical to the property being condemned or at the county seat
of the county in which the proceeding is being held.
SECTION 12. Subsection (b), Section 21.016, Property Code,
is amended to read as follows:
(b) Notice of the hearing must be served on a party not later
than the 20th [11th] day before the day set for the hearing. A
person competent to testify may serve the notice.
SECTION 13. Section 21.023, Property Code, is amended to
read as follows:
Sec. 21.023. DISCLOSURE OF INFORMATION REQUIRED AT TIME OF
ACQUISITION. An [A governmental] entity with eminent domain
authority shall disclose in writing to the property owner, at the
time of acquisition of the property through eminent domain, that:
(1) the owner or the owner's heirs, successors, or
assigns may be [are] entitled to:
(A) repurchase the property under Subchapter E
[if the public use for which the property was acquired through
eminent domain is canceled before the 10th anniversary of the date
of acquisition]; or
(B) request from the entity certain information
relating to the use of the property and any actual progress made
toward that use; and
(2) the repurchase price is the price paid to the owner
by the entity at the time the entity acquired the property through
eminent domain [fair market value of the property at the time the
public use was canceled].
SECTION 14. Subchapter B, Chapter 21, Property Code, is
amended by adding Section 21.025 to read as follows:
Sec. 21.025. PRODUCTION OF INFORMATION BY CERTAIN ENTITIES.
(a) Notwithstanding any other law, an entity that is not subject
to Chapter 552, Government Code, and is authorized by law to acquire
private property through the use of eminent domain is required to
produce information as provided by this section if the information
is:
(1) requested by a person who owns property that is the
subject of a proposed or existing eminent domain proceeding; and
(2) related to the taking of the person's private
property by the entity through the use of eminent domain.
(b) An entity described by Subsection (a) is required under
this section only to produce information relating to the
condemnation of the specific property owned by the requestor as
described in the request. A request under this section must contain
sufficient details to allow the entity to identify the specific
tract of land in relation to which the information is sought.
(c) The entity shall respond to a request in accordance with
the Texas Rules of Civil Procedure as if the request was made in a
matter pending before a state district court.
(d) Exceptions to disclosure provided by this chapter and
the Texas Rules of Civil Procedure apply to the disclosure of
information under this section.
(e) Jurisdiction to enforce the provisions of this section
resides in:
(1) the court in which the condemnation was initiated;
or
(2) if the condemnation proceeding has not been
initiated:
(A) a court that would have jurisdiction over a
proceeding to condemn the requestor's property; or
(B) a court with eminent domain jurisdiction in
the county in which the entity has its principal place of business.
(f) If the entity refuses to produce information requested
in accordance with this section and the court determines that the
refusal violates this section, the court may award the requestor's
reasonable attorney's fees incurred to compel the production of the
information.
SECTION 15. Subsection (d), Section 21.042, 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 and that relates to the property
owner's ownership, use, or enjoyment of the particular parcel of
real property, including a material impairment of direct access on
or off the remaining property that affects the market value of the
remaining property, but they may not consider an injury or benefit
that the property owner experiences in common with the general
community, including circuity of travel and diversion of traffic.
In this subsection, "direct access" means ingress and egress on or
off a public road, street, or highway at a location where the
remaining property adjoins that road, street, or highway.
SECTION 16. Subsections (a) and (b), Section 21.046,
Property Code, are amended to read as follows:
(a) A department, agency, instrumentality, or political
subdivision of this state shall [may] provide a relocation advisory
service for an individual, a family, a business concern, a farming
or ranching operation, or a nonprofit organization that [if the
service] is compatible with the Federal Uniform Relocation
Assistance and Real Property Acquisition Policies Act of 1970
[Advisory Program], 42 U.S.C.A. 4601 [23 U.S.C.A. 501], et seq.
(b) This state or a political subdivision of this state
shall [may], as a cost of acquiring real property, pay moving
expenses and rental supplements, make relocation payments, provide
financial assistance to acquire replacement housing, and
compensate for expenses incidental to the transfer of the property
if an individual, a family, the personal property of a business, a
farming or ranching operation, or a nonprofit organization is
displaced in connection with the acquisition.
SECTION 17. The heading to Section 21.047, Property Code,
is amended to read as follows:
Sec. 21.047. ASSESSMENT OF COSTS AND FEES.
SECTION 18. Section 21.047, Property Code, is amended by
adding Subsection (d) to read as follows:
(d) If a court hearing a suit under this chapter determines
that a condemnor did not make a bona fide offer to acquire the
property from the property owner voluntarily as required by Section
21.0113, the court shall abate the suit, order the condemnor to make
a bona fide offer, and order the condemnor to pay:
(1) all costs as provided by Subsection (a); and
(2) any reasonable attorney's fees and other
professional fees incurred by the property owner that are directly
related to the violation.
SECTION 19. Subchapter E, Chapter 21, Property Code, is
amended to read as follows:
SUBCHAPTER E. REPURCHASE OF REAL PROPERTY FROM CONDEMNING
[GOVERNMENTAL] ENTITY
Sec. 21.101. RIGHT OF REPURCHASE [APPLICABILITY]. (a) A
person from whom [Except as provided in Subsection (b), this
subchapter applies only to] a real property interest is acquired by
an [a governmental] 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 [that was] 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; or
(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.
(b) In this section, "actual progress" means the completion
of two or more of the following actions:
(1) the performance of a significant amount of labor
to develop the property or other property acquired for the same
public use project for which the property owner's property was
acquired;
(2) the provision of a significant amount of materials
to develop the property or other property acquired for the same
public use project for which the property owner's property was
acquired;
(3) the hiring of and performance of a significant
amount of work by an architect, engineer, or surveyor to prepare a
plan or plat that includes the property or other property acquired
for the same public use project for which the property owner's
property was acquired;
(4) application for state or federal funds to develop
the property or other property acquired for the same public use
project for which the property owner's property was acquired;
(5) application for a state or federal permit to
develop the property or other property acquired for the same public
use project for which the property owner's property was acquired;
(6) the acquisition of a tract or parcel of real
property adjacent to the property for the same public use project
for which the owner's property was acquired; or
(7) for a governmental entity, the adoption by a
majority of the entity's governing body at a public hearing of a
development plan for a public use project that indicates that the
entity will not complete more than one action described by
Subdivisions (1)-(6) before the 10th anniversary of the date of
acquisition of the property [This subchapter does not apply to a
right-of-way under the jurisdiction of:
[(1) a county;
[(2) a municipality; or
[(3) the Texas Department of Transportation].
(c) A district court may determine all issues in any suit
regarding the repurchase of a real property interest acquired
through eminent domain by the former property owner or the owner's
heirs, successors, or assigns.
Sec. 21.102. NOTICE TO PREVIOUS PROPERTY OWNER REQUIRED [AT
TIME OF CANCELLATION OF PUBLIC USE]. 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 is
entitled to repurchase the property under Section 21.101 [of the
cancellation of the public use for which real property was acquired
through eminent domain from a property owner under Subchapter B],
the [governmental] 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 [has been] canceled before
the property was used for the public use;
(B) no actual progress was made toward the public
use; or
(C) the property became unnecessary for the
public use, or a substantially similar public use, before the 10th
anniversary of the date of acquisition; and
(3) a description of the person's right under this
subchapter to repurchase the property.
Sec. 21.1021. REQUESTS FOR INFORMATION REGARDING CONDEMNED
PROPERTY. (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; and
(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.
(b) A request under this section must contain sufficient
detail to allow the entity to identify the specific tract of land in
relation to which the information is sought.
(c) Not later than the 90th day following the date of
receipt of the request for information, the entity shall send a
written response by certified mail, return receipt requested, to
the requestor.
Sec. 21.1022. LIMITATIONS PERIOD FOR REPURCHASE RIGHT.
Notwithstanding Section 21.103, the right to repurchase provided by
this subchapter is extinguished on the first anniversary of the
expiration of the period for an entity to provide notice under
Section 21.102 if the entity:
(1) is required to provide notice under Section
21.102;
(2) makes a good faith effort to locate and provide
notice to each person entitled to notice before the expiration of
the deadline for providing notice under that section; and
(3) does not receive a response to any notice provided
under that section in the period for response prescribed by Section
21.103.
Sec. 21.103. RESALE OF PROPERTY; PRICE. (a) Not later
than the 180th day after the date of the postmark on a [the] 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 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 [governmental] entity of the person's intent to
repurchase the property interest under this subchapter.
(b) As soon as practicable after receipt of a notice of
intent to repurchase [the notification] under Subsection (a), the
[governmental] entity shall offer to sell the property interest to
the person for the price paid to the owner by the entity at the time
the entity acquired the property through eminent domain [fair
market value of the property at the time the public use was
canceled]. The person's right to repurchase the property expires
on the 90th day after the date on which the [governmental] entity
makes the offer.
SECTION 20. Section 202.021, Transportation Code, is
amended by adding Subsection (j) to read as follows:
(j) The standard for determination of the fair value of the
state's interest in access rights to a highway right-of-way is the
same legal standard that is applied by the commission in the:
(1) acquisition of access rights under Subchapter D,
Chapter 203; and
(2) payment of damages in the exercise of the
authority, under Subchapter C, Chapter 203, for impairment of
highway access to or from real property where the real property
adjoins the highway.
SECTION 21. Section 54.209, Water Code, is amended to read
as follows:
Sec. 54.209. LIMITATION ON USE OF EMINENT DOMAIN. A
district may not exercise the power of eminent domain outside the
district boundaries to acquire:
(1) a site for a water treatment plant, water storage
facility, wastewater treatment plant, or wastewater disposal
plant;
(2) a site for a park, swimming pool, or other
recreational facility, as defined by Section 49.462 [except a
trail];
(3) [a site for a trail on real property designated as
a homestead as defined by Section 41.002, Property Code; or
[(4)] an exclusive easement through a county regional
park; or
(4) a site or easement for a road project.
SECTION 22. Section 1, Chapter 178 (S.B. 289), Acts of the
56th Legislature, Regular Session, 1959 (Article 3183b-1, Vernon's
Texas Civil Statutes), is amended to read as follows:
Sec. 1. Except as provided by this section, and
notwithstanding any other law, any [Any] nonprofit corporation
incorporated under the laws of this state for purely charitable
purposes and which is directly affiliated or associated with a
medical center having a medical school recognized by the Council on
Medical Education and Hospitals of the American Medical Association
as an integral part of its establishment, and which has for a
purpose of its incorporation the provision or support of medical
facilities or services for the use and benefit of the public, and
which is situated in any county of this state having a population in
excess of six hundred thousand (600,000) inhabitants according to
the most recent Federal Census shall have the power of eminent
domain and condemnation for the purposes set forth in Section 2 and
Section 3 of this Act. A charitable corporation described by this
section may not exercise the power of eminent domain and
condemnation to acquire a detached, single-family residential
property or a multifamily residential property that contains eight
or fewer dwelling units.
SECTION 23. (a) Section 552.0037, Government Code, is
repealed.
(b) Section 21.024, Property Code, is repealed.
SECTION 24. Section 11.155, Education Code, Chapter 2206,
Government Code, Sections 251.001, 261.001, 263.201, and 273.002,
Local Government Code, Chapter 21, Property Code, and Section 1,
Chapter 178 (S.B. 289), Acts of the 56th Legislature, Regular
Session, 1959 (Article 3183b-1, Vernon's Texas Civil Statutes), as
amended by this Act, apply only to a condemnation proceeding in
which the petition is filed on or after the effective date of this
Act and to any property condemned through the proceeding. A
condemnation proceeding in which the petition is filed before the
effective date of this Act and any property condemned through the
proceeding are governed by the law in effect immediately before
that date, and that law is continued in effect for that purpose.
SECTION 25. The change in law made by this Act to Section
202.021, Transportation Code, applies only to a sale or transfer
under that section that occurs on or after the effective date of
this Act. A sale or transfer that occurs before the effective date
of this Act is governed by the law applicable to the sale or
transfer immediately before the effective date of this Act, and
that law is continued in effect for that purpose.
SECTION 26. The changes in law made by this Act to Section
54.209, Water Code, apply 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 on the date the petition was filed, and that law is continued
in effect for that purpose.
SECTION 27. This Act takes effect September 1, 2011.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 18 passed the Senate on
February 9, 2011, by the following vote: Yeas 31, Nays 0;
April 19, 2011, Senate refused to concur in House amendments and
requested appointment of Conference Committee; April 28, 2011,
House granted request of the Senate; May 6, 2011, Senate adopted
Conference Committee Report by the following vote: Yeas 30,
Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 18 passed the House, with
amendments, on April 14, 2011, by the following vote: Yeas 144,
Nays 0, one present not voting; April 28, 2011, House granted
request of the Senate for appointment of Conference Committee;
May 5, 2011, House adopted Conference Committee Report by the
following vote: Yeas 145, Nays 0, two present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor