83R10554 AJA-D
By: Zaffirini S.B. No. 1782
A BILL TO BE ENTITLED
AN ACT
relating to the assessment of damages arising from a condemnation
of a pipeline easement.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 21.042, Property Code, is amended by
adding Subsection (d-1) to read as follows:
(d-1) In estimating injury to a property owner under
Subsections (c) and (d) arising from a condemnation of a pipeline
easement on the owner's property, the special commissioners shall
consider:
(1) the peculiar effect of the specific route of the
pipeline easement on the property owner's use and enjoyment of the
property and, if applicable, the extent to which that effect will
produce a greater injury to the property owner than any reasonable
alternative routes proposed by the property owner before the
condemnation proceeding commenced;
(2) the damage to the entirety of the owner's property
that will result from the laying of the pipeline in the easement and
from the easement itself; and
(3) the duration of the burden being placed on the
owner's property by the easement.
SECTION 2. The change in law made by this Act applies only
to the assessment of damages in a condemnation proceeding commenced
on or after the effective date of this Act.
SECTION 3. This Act takes effect September 1, 2013.