81R7191 AJA-D
By: Ogden S.B. No. 1023
A BILL TO BE ENTITLED
AN ACT
relating to the exercise of eminent domain authority.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 2206, Government Code, is amended by
adding Section 2206.002 to read as follows:
Sec. 2206.002. USE OF CERTAIN PROPERTY INTERESTS ACQUIRED
THROUGH EMINENT DOMAIN: MINIMAL INTRUSION REQUIRED. (a) A public
or private entity that obtains through the use of eminent domain a
property interest that is less than fee simple title must, with
respect to the property owner from whom the interest is obtained,
use the least intrusive means for achieving the purpose for which
the interest is obtained.
(b) The court in which the property interest was condemned
has continuing jurisdiction over the condemning entity's use of the
property interest condemned for the purpose of ensuring compliance
of the entity with this section.
(c) A property owner from whom a property interest subject
to this section was taken may petition the court in which the
property interest was condemned at any time for injunctive relief
to obtain compliance of the condemning entity with this section.
SECTION 2. Subchapter B, Chapter 21, Property Code, is
amended by adding Section 21.0122 to read as follows:
Sec. 21.0122. PROOF OF NECESSITY; MINIMAL INTRUSIVENESS.
(a) In addition to the contents prescribed by Section 21.012(b), a
condemnation petition must state that the facts to be proven are
that:
(1) the petitioner is authorized to condemn property
for the purpose for which the property that is the subject of the
petition is sought;
(2) the use for which the property is sought is a
public use that is not prohibited by Section 2206.001, Government
Code;
(3) the property sought is necessary to accomplish
that public use; and
(4) with respect to the property owner from whom a
property interest that is less than fee simple title is sought, the
petitioner will use the least intrusive means for achieving that
public use.
(b) In a condemnation proceeding subject to Subsection
(a)(4), a property owner may submit evidence that a less intrusive
means of achieving the purpose for which the condemning entity
seeks the property interest exists. If the property owner submits
evidence under this subsection, the condemning entity has the
burden of proving that the means sought through the condemnation is
less intrusive than the means proposed by the property owner.
(c) If a condemning entity fails to prove any of the facts
under Subsection (a) or meet the entity's burden under Subsection
(b), the court shall:
(1) deny the condemnation; and
(2) award to the property owner the owner's court costs
and reasonable attorney's fees incurred in relation to the
condemnation proceeding.
SECTION 3. Section 21.047(a), Property Code, is amended to
read as follows:
(a) Special commissioners may adjudge the costs of an
eminent domain proceeding against any party. If the commissioners
award greater damages than the condemnor offered to pay before the
proceedings began or if the decision of the commissioners is
appealed and a court awards greater damages than the commissioners
awarded, the condemnor shall pay all costs and the property owner's
reasonable attorney's fees and expert witness fees. If the
commissioners' award or the court's determination of the damages is
less than or equal to the amount the condemnor offered before
proceedings began, the property owner shall pay the costs.
SECTION 4. The change in law made by this Act applies only
to a condemnation in which a condemnation petition is filed on or
after the effective date of this Act. A condemnation in which the
condemnation petition is filed before the effective date of this
Act is governed by the law in effect immediately before that date,
and that law is continued in effect for that purpose.
SECTION 5. 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.