Texas 2009 - 81st Regular

Texas House Bill HB1432 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	81R5880 UM-D
2	2	By: Jackson H.B. No. 1432
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to a landowner's repurchase of real property from an
8	8	entity that acquired the property through condemnation.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 21.023, Property Code, is amended to
11	11	read as follows:
12	12	Sec. 21.023. DISCLOSURE OF INFORMATION REQUIRED AT TIME OF
13	13	ACQUISITION. An [A governmental] entity with eminent domain
14	14	authority shall disclose in writing to the property owner, at the
15	15	time of acquisition of the property through eminent domain, that:
16	16	(1) the owner or the owner's heirs, successors, or
17	17	assigns may be [are] entitled to:
18	18	(A) repurchase the property under Subchapter E
19	19	[if the public use for which the property was acquired through
20	20	eminent domain is canceled before the 10th anniversary of the date
21	21	of acquisition]; or
22	22	(B) request from the entity certain information
23	23	relating to the use of the property and any actual progress made
24	24	toward that use; and
25	25	(2) the repurchase price is the price paid to the owner
26	26	by the entity at the time the entity acquired the property through
27	27	eminent domain [fair market value of the property at the time the
28	28	public use was canceled].
29	29	SECTION 2. Subchapter E, Chapter 21, Property Code, is
30	30	amended to read as follows:
31	31	SUBCHAPTER E. REPURCHASE OF REAL PROPERTY FROM CONDEMNING
32	32	[GOVERNMENTAL] ENTITY
33	33	Sec. 21.101. RIGHT OF REPURCHASE [APPLICABILITY]. (a) A
34	34	person from whom [Except as provided in Subsection (b), this
35	35	subchapter applies only to] a real property interest is acquired by
36	36	an [a governmental] entity through eminent domain for a public use,
37	37	or that person's heirs, successors, or assigns, is entitled to
38	38	repurchase the property as provided by this subchapter if:
39	39	(1) the public use for which the property was acquired
40	40	through eminent domain is [that was] canceled;
41	41	(2) no actual progress is made toward the public use
42	42	for which the property was acquired between the date of acquisition
43	43	and the fifth anniversary of that date; or
44	44	(3) the property becomes unnecessary for the public
45	45	use for which the property was acquired [before the 10th
46	46	anniversary of the date of acquisition].
47	47	(b) In this section, "actual progress" means the completion
48	48	of two or more of the following actions:
49	49	(1) the performance of a significant amount of labor
50	50	to develop the property or other property acquired for the same
51	51	public use project for which the property owner's property was
52	52	acquired;
53	53	(2) the furnishing of a significant amount of
54	54	materials to develop the property or other property acquired for
55	55	the same public use project for which the property owner's property
56	56	was acquired;
57	57	(3) the hiring of and performance of a significant
58	58	amount of work by an architect, engineer, or surveyor to prepare a
59	59	plan or plat that includes the property or other property acquired
60	60	for the same public use project for which the property owner's
61	61	property was acquired;
62	62	(4) application for state or federal funds to develop
63	63	the property or other property acquired for the same public use
64	64	project for which the property owner's property was acquired;
65	65	(5) voter approval of a proposition authorizing the
66	66	issuance of bonds or other public securities or the issuance of
67	67	revenue bonds related to funding the public use project for which
68	68	the property was acquired; or
69	69	(6) the acquisition of a tract or parcel of real
70	70	property adjacent to the property for the same public use project
71	71	for which the owner's property was acquired [This subchapter does
72	72	not apply to a right-of-way under the jurisdiction of:
73	73	[(1) a county;
74	74	[(2) a municipality; or
75	75	[(3) the Texas Department of Transportation].
76	76	(c) A district court may determine all issues in any suit
77	77	regarding the repurchase of a real property interest acquired
78	78	through eminent domain by the former property owner or the owner's
79	79	heirs, successors, or assigns.
80	80	Sec. 21.102. NOTICE TO PREVIOUS PROPERTY OWNER REQUIRED [AT
81	81	TIME OF CANCELLATION OF PUBLIC USE]. Not later than the 180th day
82	82	after the date an entity that acquired a real property interest
83	83	through eminent domain determines that the former property owner is
84	84	entitled to repurchase the property under Section 21.101 [of the
85	85	cancellation of the public use for which real property was acquired
86	86	through eminent domain from a property owner under Subchapter B],
87	87	the [governmental] entity shall send by certified mail, return
88	88	receipt requested, to the property owner or the owner's heirs,
89	89	successors, or assigns a notice containing:
90	90	(1) an identification, which is not required to be a
91	91	legal description, of the property that was acquired;
92	92	(2) an identification of the public use for which the
93	93	property had been acquired and a statement that:
94	94	(A) the public use has been canceled;
95	95	(B) no actual progress was made toward the public
96	96	use; or
97	97	(C) the property has become unnecessary for the
98	98	public use; and
99	99	(3) a description of the person's right under this
100	100	subchapter to repurchase the property.
101	101	Sec. 21.1021. REQUESTS FOR INFORMATION REGARDING CONDEMNED
102	102	PROPERTY. (a) On or after the fifth anniversary of the date on
103	103	which real property was acquired by an entity through eminent
104	104	domain, a property owner or the owner's heirs, successors, or
105	105	assigns may request that the condemning entity make a determination
106	106	and provide a statement and other relevant information regarding:
107	107	(1) whether the public use for which the property was
108	108	acquired has been canceled;
109	109	(2) whether any actual progress was made toward the
110	110	public use between the date of acquisition and the fifth
111	111	anniversary of that date, including an itemized description of the
112	112	progress made, if applicable; and
113	113	(3) whether the property has become unnecessary for
114	114	the public use of the property.
115	115	(b) A request under this section must contain sufficient
116	116	detail to allow the entity to identify the specific tract of land in
117	117	relation to which the information is sought.
118	118	(c) Not later than the 90th day following the receipt of the
119	119	request for information, the entity shall send a written response
120	120	by certified mail, return receipt requested, to the requestor.
121	121	Sec. 21.103. RESALE OF PROPERTY; PRICE. (a) Not later than
122	122	the 180th day after the date of the postmark on a [the] notice sent
123	123	under Section 21.102 or a response to a request made under Section
124	124	21.1021 that indicates that the property owner or the owner's
125	125	heirs, successors, or assigns is entitled to repurchase the
126	126	property interest in accordance with Section 21.101, the property
127	127	owner or the owner's heirs, successors, or assigns must notify the
128	128	[governmental] entity of the person's intent to repurchase the
129	129	property interest under this subchapter.
130	130	(b) As soon as practicable after receipt of a notice of
131	131	intent to repurchase [the notification] under Subsection (a), the
132	132	[governmental] entity shall offer to sell the property interest to
133	133	the person for the price paid to the owner by the entity at the time
134	134	the entity acquired the property through eminent domain [fair
135	135	market value of the property at the time the public use was
136	136	canceled]. The person's right to repurchase the property expires
137	137	on the 90th day after the date on which the [governmental] entity
138	138	makes the offer.
139	139	SECTION 3. Chapter 21, Property Code, as amended by this
140	140	Act, applies only to a condemnation proceeding in which the
141	141	petition is filed on or after the effective date of this Act and to
142	142	any property condemned through the proceeding. A condemnation
143	143	proceeding in which the petition is filed before the effective date
144	144	of this Act and any property condemned through the proceeding is
145	145	governed by the law in effect immediately before that date, and that
146	146	law is continued in effect for that purpose.
147	147	SECTION 4. This Act takes effect immediately if it receives
148	148	a vote of two-thirds of all the members elected to each house, as
149	149	provided by Section 39, Article III, Texas Constitution. If this
150	150	Act does not receive the vote necessary for immediate effect, this
151	151	Act takes effect September 1, 2009.