| 1 | 1 | | By: Whitmire S.B. No. 980 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | A BILL TO BE ENTITLED |
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| 5 | 5 | | AN ACT |
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| 6 | 6 | | relating to jurisdiction in an eminent domain proceeding in Harris |
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| 7 | 7 | | County. |
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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. Section 25.1032, Government Code, is amended by |
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| 10 | 10 | | amending Subsection (c) and adding Subsection (d) to read as |
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| 11 | 11 | | follows: |
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| 12 | 12 | | (c) A county civil court at law has exclusive jurisdiction |
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| 13 | 13 | | in Harris County of eminent domain proceedings, both statutory and |
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| 14 | 14 | | inverse, if the amount in controversy in a statutory proceeding |
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| 15 | 15 | | does not exceed the amount provided by Section 25.0003(c) in civil |
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| 16 | 16 | | cases. Notwithstanding Section 21.013, Property Code, a party |
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| 17 | 17 | | initiating a condemnation proceeding in Harris County may file a |
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| 18 | 18 | | petition with the district clerk when the amount in controversy |
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| 19 | 19 | | exceeds the amount provided by Section 25.0003(c). The amount in |
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| 20 | 20 | | controversy is the amount of the bona fide offer made by the entity |
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| 21 | 21 | | with eminent domain authority to acquire the property from the |
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| 22 | 22 | | property owner voluntarily [regardless of the amount in |
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| 23 | 23 | | controversy]. |
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| 24 | 24 | | (d) In addition to other jurisdiction provided by law, a |
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| 25 | 25 | | county civil court at law has jurisdiction to: |
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| 26 | 26 | | (1) decide the issue of title to real or personal |
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| 27 | 27 | | property; |
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| 28 | 28 | | (2) hear a suit to recover damages for slander or |
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| 29 | 29 | | defamation of character; |
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| 30 | 30 | | (3) hear a suit for the enforcement of a lien on real |
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| 31 | 31 | | property; |
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| 32 | 32 | | (4) hear a suit for the forfeiture of a corporate |
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| 33 | 33 | | charter; |
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| 34 | 34 | | (5) hear a suit for the trial of the right to property |
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| 35 | 35 | | valued at $200 or more that has been levied on under a writ of |
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| 36 | 36 | | execution, sequestration, or attachment; and |
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| 37 | 37 | | (6) hear a suit for the recovery of real property. |
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| 38 | 38 | | SECTION 2. The change in law made by this Act applies only |
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| 39 | 39 | | to an eminent domain proceeding for which a petition is filed on or |
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| 40 | 40 | | after the effective date of this Act. An eminent domain proceeding |
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| 41 | 41 | | for which a petition is filed before the effective date of this Act |
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| 42 | 42 | | is governed by the law in effect immediately before that date, and |
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| 43 | 43 | | that law is continued in effect for that purpose. |
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| 44 | 44 | | SECTION 3. This Act takes effect September 1, 2015. |
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