84R8457 JTS-F
By: Kolkhorst S.B. No. 938
A BILL TO BE ENTITLED
AN ACT
relating to the exercise of eminent domain by a toll project entity.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 372, Transportation Code,
is amended by adding Section 372.002 to read as follows:
Sec. 372.002. EMINENT DOMAIN REQUIREMENTS. (a) A toll
project entity with eminent domain authority that makes an offer
under Section 21.0113, Property Code, must state with specificity
in the initial and final offers the public use for which the entity
intends to acquire the property.
(b) A person from whom a real property interest is acquired
by a toll project entity for a public purpose through eminent
domain, including by purchase after an initial offer under Section
21.0113, Property Code, or that person's heirs, successors, or
assigns, is entitled to repurchase the property under Subchapter E,
Chapter 21, Property Code, if the initial use of the property is not
the public use for which the property was acquired.
(c) Information provided by a toll project entity to a
property owner under Section 21.023, Property Code, must also
contain information regarding the right to repurchase property as
described by Subsection (b).
(d) Not later than the 180th day after the date a toll
project entity determines that a former property owner is entitled
to repurchase the property as described by Subsection (b), the
entity shall send to the property owner or the owner's heirs,
successors, or assigns the notice under Section 21.102, Property
Code, that contains, in lieu of a statement under Section
21.102(2), Property Code, a statement that the initial use of the
property was not the public use for which the property was acquired.
(e) In addition to the requests for information described by
Section 21.1021(a), Property Code, a property owner whose property
was acquired by a toll project entity by eminent domain or the
owner's heirs, successors, or assigns may request that the entity
make a determination and provide a statement and other relevant
information regarding whether the initial use of the property was
the public use for which the property was acquired.
SECTION 2. Section 372.002, Transportation Code, as added
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 3. This Act takes effect September 1, 2015.