81R5776 JD-F
By: Hegar S.B. No. 622
A BILL TO BE ENTITLED
AN ACT
relating to access to the state highway system and damages for
diminished access to the state highway system.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 21.042(e), Property Code, is amended to
read as follows:
(e) If a portion of a tract or parcel of real property is
condemned for the use, construction, operation, or maintenance of
the state highway system or of a county toll project described by
Chapter 284, Transportation Code, that is eligible for designation
as part of the state highway system, the special commissioners
shall consider any diminished access to the highway and to or from
the remaining property to the extent that it affects the present
market value of the real property, including any factors considered
when determining actual fair market value of property for ad
valorem tax purposes [or for the use, construction, development,
operation, or maintenance of an improvement or project by a
metropolitan rapid transit authority created before January 1,
1980, with a principal municipality having a population of less
than 1.9 million and established under Chapter 451, Transportation
Code, the special commissioners shall determine the damage to the
property owner regardless of whether the property owner makes a
claim for damages to the remaining property. In awarding
compensation or assessing the damages, the special commissioners
shall consider any special and direct benefits that arise from the
highway improvement or the transit authority improvement or project
that are peculiar to the property owner and that relate to the
property owner's ownership, use, or enjoyment of the particular
parcel of remaining real property].
SECTION 2. Section 203.034, Transportation Code, is amended
by amending Subsection (b) and adding Subsection (c) to read as
follows:
(b) In a county with a population of less than 50,000,
access shall be provided at intervals not to exceed five miles
[Denial of access to or from a new controlled access highway
location is not a ground for special or exemplary damages unless:
[(1) in connection with the purchase or condemnation
of the real property adjoining the new controlled access highway
location and to be used in the new highway location, the commission
specifically authorizes access to or from particular real property
adjoining the new highway location; and
[(2) the commission denies highway access to or from
the particular land where the real property adjoins the new
highway].
(c) Damages for loss of access or diminished access shall be
considered by the special commissioners in a condemnation hearing
to the extent that it affects the present market value of the real
property, including any factors considered when determining actual
fair market value of property for ad valorem tax purposes.
SECTION 3. Section 203.0521(b-1), Transportation Code, is
repealed.
SECTION 4. This Act takes effect September 1, 2009.