| Old | New | Differences | |
|---|---|---|---|
| 1 | 1 | 84R7147 AJA-F | |
| 2 | 2 | By: Burkett H.B. No. 3339 | |
| 3 | 3 | ||
| 4 | 4 | ||
| 5 | 5 | A BILL TO BE ENTITLED | |
| 6 | 6 | AN ACT | |
| 7 | 7 | relating to the recovery of costs and fees in connection with | |
| 8 | 8 | certain eminent domain proceedings. | |
| 9 | 9 | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | |
| 10 | 10 | SECTION 1. Section 21.047, Property Code, is amended by | |
| 11 | 11 | adding Subsection (a-1) to read as follows: | |
| 12 | 12 | (a-1) If the amount of damages awarded by the special | |
| 13 | 13 | commissioners is at least 10 percent greater than the amount the | |
| 14 | 14 | condemnor offered to pay before the proceedings began or if the | |
| 15 | 15 | commissioners' award is appealed and a court awards damages in an | |
| 16 | 16 | amount that is at least 10 percent greater than the amount the | |
| 17 | 17 | condemnor offered to pay before the proceedings began, the | |
| 18 | 18 | condemnor shall pay: | |
| 19 | 19 | (1) all costs as provided by Subsection (a); and | |
| 20 | 20 | (2) any reasonable attorney's fees and other | |
| 21 | 21 | professional fees incurred by the property owner in connection with | |
| 22 | 22 | the eminent domain proceeding. | |
| 23 | 23 | SECTION 2. The change in law made by this Act applies only | |
| 24 | 24 | to an eminent domain proceeding commenced on or after the effective | |
| 25 | 25 | date of this Act. An eminent domain proceeding commenced before the | |
| 26 | 26 | effective date of this Act is governed by the law applicable to the | |
| 27 | 27 | proceeding immediately before the effective date of this Act, and | |
| 28 | 28 | that law is continued in effect for that purpose. | |
| 29 | 29 | SECTION 3. This Act takes effect September 1, 2015. |