Texas 2009 - 81st Regular

Texas Senate Bill SB622 Compare Versions

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

Old	New	Differences
1	1	81R5776 JD-F
2	2	By: Hegar S.B. No. 622
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to access to the state highway system and damages for
8	8	diminished access to the state highway system.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 21.042(e), Property Code, is amended to
11	11	read as follows:
12	12	(e) If a portion of a tract or parcel of real property is
13	13	condemned for the use, construction, operation, or maintenance of
14	14	the state highway system or of a county toll project described by
15	15	Chapter 284, Transportation Code, that is eligible for designation
16	16	as part of the state highway system, the special commissioners
17	17	shall consider any diminished access to the highway and to or from
18	18	the remaining property to the extent that it affects the present
19	19	market value of the real property, including any factors considered
20	20	when determining actual fair market value of property for ad
21	21	valorem tax purposes [or for the use, construction, development,
22	22	operation, or maintenance of an improvement or project by a
23	23	metropolitan rapid transit authority created before January 1,
24	24	1980, with a principal municipality having a population of less
25	25	than 1.9 million and established under Chapter 451, Transportation
26	26	Code, the special commissioners shall determine the damage to the
27	27	property owner regardless of whether the property owner makes a
28	28	claim for damages to the remaining property. In awarding
29	29	compensation or assessing the damages, the special commissioners
30	30	shall consider any special and direct benefits that arise from the
31	31	highway improvement or the transit authority improvement or project
32	32	that are peculiar to the property owner and that relate to the
33	33	property owner's ownership, use, or enjoyment of the particular
34	34	parcel of remaining real property].
35	35	SECTION 2. Section 203.034, Transportation Code, is amended
36	36	by amending Subsection (b) and adding Subsection (c) to read as
37	37	follows:
38	38	(b) In a county with a population of less than 50,000,
39	39	access shall be provided at intervals not to exceed five miles
40	40	[Denial of access to or from a new controlled access highway
41	41	location is not a ground for special or exemplary damages unless:
42	42	[(1) in connection with the purchase or condemnation
43	43	of the real property adjoining the new controlled access highway
44	44	location and to be used in the new highway location, the commission
45	45	specifically authorizes access to or from particular real property
46	46	adjoining the new highway location; and
47	47	[(2) the commission denies highway access to or from
48	48	the particular land where the real property adjoins the new
49	49	highway].
50	50	(c) Damages for loss of access or diminished access shall be
51	51	considered by the special commissioners in a condemnation hearing
52	52	to the extent that it affects the present market value of the real
53	53	property, including any factors considered when determining actual
54	54	fair market value of property for ad valorem tax purposes.
55	55	SECTION 3. Section 203.0521(b-1), Transportation Code, is
56	56	repealed.
57	57	SECTION 4. This Act takes effect September 1, 2009.