| 1 | 1 | | 84R8457 JTS-F |
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| 2 | 2 | | By: Kolkhorst S.B. No. 938 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the exercise of eminent domain by a toll project entity. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Subchapter A, Chapter 372, Transportation Code, |
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| 10 | 10 | | is amended by adding Section 372.002 to read as follows: |
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| 11 | 11 | | Sec. 372.002. EMINENT DOMAIN REQUIREMENTS. (a) A toll |
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| 12 | 12 | | project entity with eminent domain authority that makes an offer |
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| 13 | 13 | | under Section 21.0113, Property Code, must state with specificity |
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| 14 | 14 | | in the initial and final offers the public use for which the entity |
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| 15 | 15 | | intends to acquire the property. |
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| 16 | 16 | | (b) A person from whom a real property interest is acquired |
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| 17 | 17 | | by a toll project entity for a public purpose through eminent |
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| 18 | 18 | | domain, including by purchase after an initial offer under Section |
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| 19 | 19 | | 21.0113, Property Code, or that person's heirs, successors, or |
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| 20 | 20 | | assigns, is entitled to repurchase the property under Subchapter E, |
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| 21 | 21 | | Chapter 21, Property Code, if the initial use of the property is not |
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| 22 | 22 | | the public use for which the property was acquired. |
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| 23 | 23 | | (c) Information provided by a toll project entity to a |
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| 24 | 24 | | property owner under Section 21.023, Property Code, must also |
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| 25 | 25 | | contain information regarding the right to repurchase property as |
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| 26 | 26 | | described by Subsection (b). |
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| 27 | 27 | | (d) Not later than the 180th day after the date a toll |
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| 28 | 28 | | project entity determines that a former property owner is entitled |
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| 29 | 29 | | to repurchase the property as described by Subsection (b), the |
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| 30 | 30 | | entity shall send to the property owner or the owner's heirs, |
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| 31 | 31 | | successors, or assigns the notice under Section 21.102, Property |
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| 32 | 32 | | Code, that contains, in lieu of a statement under Section |
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| 33 | 33 | | 21.102(2), Property Code, a statement that the initial use of the |
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| 34 | 34 | | property was not the public use for which the property was acquired. |
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| 35 | 35 | | (e) In addition to the requests for information described by |
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| 36 | 36 | | Section 21.1021(a), Property Code, a property owner whose property |
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| 37 | 37 | | was acquired by a toll project entity by eminent domain or the |
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| 38 | 38 | | owner's heirs, successors, or assigns may request that the entity |
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| 39 | 39 | | make a determination and provide a statement and other relevant |
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| 40 | 40 | | information regarding whether the initial use of the property was |
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| 41 | 41 | | the public use for which the property was acquired. |
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| 42 | 42 | | SECTION 2. Section 372.002, Transportation Code, as added |
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| 43 | 43 | | by this Act, applies only to a repurchase of a real property |
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| 44 | 44 | | interest condemned or otherwise purchased in connection with an |
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| 45 | 45 | | initial offer under Section 21.0113, Property Code, made on or |
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| 46 | 46 | | after the effective date of this Act. |
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| 47 | 47 | | SECTION 3. This Act takes effect September 1, 2015. |
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