Texas 2009 - 81st Regular

Texas Senate Bill SB1023 Compare Versions

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1	1	81R7191 AJA-D
2	2	By: Ogden S.B. No. 1023
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the exercise of eminent domain authority.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Chapter 2206, Government Code, is amended by
10	10	adding Section 2206.002 to read as follows:
11	11	Sec. 2206.002. USE OF CERTAIN PROPERTY INTERESTS ACQUIRED
12	12	THROUGH EMINENT DOMAIN: MINIMAL INTRUSION REQUIRED. (a) A public
13	13	or private entity that obtains through the use of eminent domain a
14	14	property interest that is less than fee simple title must, with
15	15	respect to the property owner from whom the interest is obtained,
16	16	use the least intrusive means for achieving the purpose for which
17	17	the interest is obtained.
18	18	(b) The court in which the property interest was condemned
19	19	has continuing jurisdiction over the condemning entity's use of the
20	20	property interest condemned for the purpose of ensuring compliance
21	21	of the entity with this section.
22	22	(c) A property owner from whom a property interest subject
23	23	to this section was taken may petition the court in which the
24	24	property interest was condemned at any time for injunctive relief
25	25	to obtain compliance of the condemning entity with this section.
26	26	SECTION 2. Subchapter B, Chapter 21, Property Code, is
27	27	amended by adding Section 21.0122 to read as follows:
28	28	Sec. 21.0122. PROOF OF NECESSITY; MINIMAL INTRUSIVENESS.
29	29	(a) In addition to the contents prescribed by Section 21.012(b), a
30	30	condemnation petition must state that the facts to be proven are
31	31	that:
32	32	(1) the petitioner is authorized to condemn property
33	33	for the purpose for which the property that is the subject of the
34	34	petition is sought;
35	35	(2) the use for which the property is sought is a
36	36	public use that is not prohibited by Section 2206.001, Government
37	37	Code;
38	38	(3) the property sought is necessary to accomplish
39	39	that public use; and
40	40	(4) with respect to the property owner from whom a
41	41	property interest that is less than fee simple title is sought, the
42	42	petitioner will use the least intrusive means for achieving that
43	43	public use.
44	44	(b) In a condemnation proceeding subject to Subsection
45	45	(a)(4), a property owner may submit evidence that a less intrusive
46	46	means of achieving the purpose for which the condemning entity
47	47	seeks the property interest exists. If the property owner submits
48	48	evidence under this subsection, the condemning entity has the
49	49	burden of proving that the means sought through the condemnation is
50	50	less intrusive than the means proposed by the property owner.
51	51	(c) If a condemning entity fails to prove any of the facts
52	52	under Subsection (a) or meet the entity's burden under Subsection
53	53	(b), the court shall:
54	54	(1) deny the condemnation; and
55	55	(2) award to the property owner the owner's court costs
56	56	and reasonable attorney's fees incurred in relation to the
57	57	condemnation proceeding.
58	58	SECTION 3. Section 21.047(a), Property Code, is amended to
59	59	read as follows:
60	60	(a) Special commissioners may adjudge the costs of an
61	61	eminent domain proceeding against any party. If the commissioners
62	62	award greater damages than the condemnor offered to pay before the
63	63	proceedings began or if the decision of the commissioners is
64	64	appealed and a court awards greater damages than the commissioners
65	65	awarded, the condemnor shall pay all costs and the property owner's
66	66	reasonable attorney's fees and expert witness fees. If the
67	67	commissioners' award or the court's determination of the damages is
68	68	less than or equal to the amount the condemnor offered before
69	69	proceedings began, the property owner shall pay the costs.
70	70	SECTION 4. The change in law made by this Act applies only
71	71	to a condemnation in which a condemnation petition is filed on or
72	72	after the effective date of this Act. A condemnation in which the
73	73	condemnation petition is filed before the effective date of this
74	74	Act is governed by the law in effect immediately before that date,
75	75	and that law is continued in effect for that purpose.
76	76	SECTION 5. This Act takes effect immediately if it receives
77	77	a vote of two-thirds of all the members elected to each house, as
78	78	provided by Section 39, Article III, Texas Constitution. If this
79	79	Act does not receive the vote necessary for immediate effect, this
80	80	Act takes effect September 1, 2009.