83R10345 AJA-F
By: Kolkhorst H.B. No. 20
A BILL TO BE ENTITLED
AN ACT
relating to the repurchase of real property from an entity with
eminent domain authority.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Chapter 21, Property Code, is
amended by adding Section 21.0114 to read as follows:
Sec. 21.0114. PUBLIC USE DISCLOSURE IN OFFER. An entity
with eminent domain authority that makes an offer under Section
21.0113 must state with specificity in the initial and final offers
the public use for which the entity intends to acquire the property.
SECTION 2. Section 21.023, Property Code, is amended to
read as follows:
Sec. 21.023. DISCLOSURE OF INFORMATION REQUIRED AT TIME OF
ACQUISITION. An entity with eminent domain authority shall
disclose in writing to the property owner, at the time of
acquisition of the property through eminent domain, including an
acquisition through a purchase made by the entity in connection
with an initial offer under Section 21.0113, that:
(1) the owner or the owner's heirs, successors, or
assigns may be entitled to:
(A) repurchase the property under Subchapter E;
or
(B) request from the entity certain information
relating to the use of the property and any actual progress made
toward that use; and
(2) the repurchase price is the price paid to the owner
by the entity at the time the entity acquired the property through
eminent domain.
SECTION 3. The heading to Subchapter E, Chapter 21,
Property Code, is amended to read as follows:
SUBCHAPTER E. REPURCHASE OF REAL PROPERTY ACQUIRED THROUGH
EMINENT DOMAIN [FROM CONDEMNING ENTITY]
SECTION 4. Sections 21.101(a) and (b), Property Code, are
amended to read as follows:
(a) A person from whom a real property interest is acquired
by an entity through eminent domain for a public use, or that
person's heirs, successors, or assigns, is entitled to repurchase
the property as provided by this subchapter if:
(1) the public use for which the property was acquired
through eminent domain is canceled before the property is used for
that public use;
(2) no actual progress is made toward the public use
for which the property was acquired between the date of acquisition
and the 10th anniversary of that date; [or]
(3) the property becomes unnecessary for the public
use for which the property was acquired, or a substantially similar
public use, before the 10th anniversary of the date of acquisition;
or
(4) the initial use of the property is not the public
use for which the property was acquired.
(b) In this section, "actual progress" means the completion
of two or more of the following actions:
(1) the performance of a significant amount of labor
to develop the property or other property acquired for the same
public use project for which the property owner's property was
acquired;
(2) the provision of a significant amount of materials
to develop the property or other property acquired for the same
public use project for which the property owner's property was
acquired;
(3) the hiring of and performance of a significant
amount of work by an architect, engineer, or surveyor to prepare a
plan or plat that includes the property or other property acquired
for the same public use project for which the property owner's
property was acquired;
(4) application for state or federal funds to develop
the property or other property acquired for the same public use
project for which the property owner's property was acquired;
(5) application for a state or federal permit to
develop the property or other property acquired for the same public
use project for which the property owner's property was acquired;
or
(6) [the acquisition of a tract or parcel of real
property adjacent to the property for the same public use project
for which the owner's property was acquired; or
[(7)] for a navigation district or port authority
[governmental entity], the adoption by a majority of the entity's
governing body at a public hearing of a development plan for a
public use project that indicates that the entity will not complete
more than one action described by Subdivisions (1)-(5) [(1)-(6)]
before the 10th anniversary of the date of acquisition of the
property.
SECTION 5. Subchapter E, Chapter 21, Property Code, is
amended by adding Section 21.1015 to read as follows:
Sec. 21.1015. APPLICABILITY TO CERTAIN PROPERTY ACQUIRED BY
PURCHASE. In this subchapter, a real property interest acquired
through eminent domain includes a real property interest purchased
by an entity with eminent domain authority in connection with an
initial offer under Section 21.0113.
SECTION 6. Section 21.102, Property Code, is amended to
read as follows:
Sec. 21.102. NOTICE TO PREVIOUS PROPERTY OWNER REQUIRED.
Not later than the 180th day after the date an entity that acquired
a real property interest through eminent domain determines that the
former property owner is entitled to repurchase the property under
Section 21.101, the entity shall send by certified mail, return
receipt requested, to the property owner or the owner's heirs,
successors, or assigns a notice containing:
(1) an identification, which is not required to be a
legal description, of the property that was acquired;
(2) an identification of the public use for which the
property had been acquired and a statement that:
(A) the public use was canceled before the
property was used for the public use;
(B) no actual progress was made toward the public
use; [or]
(C) the property became unnecessary for the
public use, or a substantially similar public use, before the 10th
anniversary of the date of acquisition; or
(D) the initial use of the property was not the
public use for which the property was acquired; and
(3) a description of the person's right under this
subchapter to repurchase the property.
SECTION 7. The heading to Section 21.1021, Property Code,
is amended to read as follows:
Sec. 21.1021. REQUESTS FOR INFORMATION REGARDING
[CONDEMNED] PROPERTY ACQUIRED THROUGH EMINENT DOMAIN.
SECTION 8. Section 21.1021(a), Property Code, is amended to
read as follows:
(a) After [On or after] the first [10th] anniversary of the
date on which real property was acquired by an entity through
eminent domain, a property owner or the owner's heirs, successors,
or assigns may annually request that the [condemning] entity make a
determination and provide a statement and other relevant
information regarding:
(1) whether the public use for which the property was
acquired was canceled before the property was used for the public
use;
(2) whether any actual progress was made toward the
public use between the date of acquisition and the 10th anniversary
of that date, including an itemized description of the progress
made, if applicable; [and]
(3) whether the property became unnecessary for the
public use, or a substantially similar public use, before the 10th
anniversary of the date of acquisition, if applicable; and
(4) whether the initial use of the property was the
public use for which the property was acquired.
SECTION 9. Chapter 21, Property Code, as amended by this
Act, applies only to a repurchase of a real property interest
condemned or otherwise purchased in connection with an initial
offer under Section 21.0113, Property Code, made on or after the
effective date of this Act.
SECTION 10. This Act takes effect September 1, 2013.