81R5768 AJA-F
By: Davis of Dallas H.B. No. 1385
A BILL TO BE ENTITLED
AN ACT
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 or farm necessary,
the financial damages associated with the cost of relocating from
the condemned property to another property 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:
(A) 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
(B) operate a comparable farm, if the condemned
property is a farm;
(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, 2009.