Texas 2017 - 85th Regular

Texas House Bill HB2090 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	85R3526 BEE-F
2	2	By: VanDeaver H.B. No. 2090
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to compensation for heritage property acquired through
8	8	eminent domain.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subchapter B, Chapter 21, Property Code, is
11	11	amended by adding Section 21.010 to read as follows:
12	12	Sec. 21.010. HERITAGE PROPERTY. (a) In this chapter,
13	13	"heritage property" means real property continuously owned within
14	14	the same family for 100 or more years.
15	15	(b) For the purposes of this chapter, family ownership of
16	16	heritage property may be established by evidence of continuous
17	17	ownership of the property by one or more persons related by blood,
18	18	marriage, or adoption to a person who owned the property 100 years
19	19	before the date an initial offer is made under Section 21.0113 to
20	20	acquire the property.
21	21	(c) To establish the property being acquired as heritage
22	22	property, the property owner must provide certified copies of
23	23	recorded deeds and other relevant documents that verify ownership.
24	24	SECTION 2. Section 21.0113, Property Code, is amended by
25	25	adding Subsection (c) to read as follows:
26	26	(c) A bona fide offer to acquire heritage property must
27	27	include a final offer equal to or greater than 150 percent of:
28	28	(1) the amount of the written appraisal obtained by
29	29	the entity of the value of the property being acquired; and
30	30	(2) the damages, if any, to any of the property owner's
31	31	remaining property.
32	32	SECTION 3. Section 21.041, Property Code, is amended to
33	33	read as follows:
34	34	Sec. 21.041. EVIDENCE. As the basis for assessing actual
35	35	damages to a property owner from a condemnation, the special
36	36	commissioners shall admit evidence on:
37	37	(1) the value of the property being condemned;
38	38	(2) the injury to the property owner;
39	39	(3) the benefit to the property owner's remaining
40	40	property; [and]
41	41	(4) the use of the property for the purpose of the
42	42	condemnation; and
43	43	(5) the status of the property as heritage property,
44	44	if applicable.
45	45	SECTION 4. Subchapter C, Chapter 21, Property Code, is
46	46	amended by adding Section 21.0422 to read as follows:
47	47	Sec. 21.0422. ASSESSMENT OF DAMAGES: HERITAGE PROPERTY.
48	48	(a) Notwithstanding Section 21.042(b), if an entire tract or
49	49	parcel of heritage property is condemned, the damage to the
50	50	property owner is 150 percent of the local market value of the
51	51	property at the time of the special commissioners' hearing.
52	52	(b) Notwithstanding Section 21.042(c), if a portion of a
53	53	tract or parcel of heritage property is condemned, the special
54	54	commissioners shall:
55	55	(1) determine the damage to the property owner after
56	56	estimating the extent of the injury and benefit to the property
57	57	owner, including the effect of the condemnation on the value of the
58	58	property owner's remaining property; and
59	59	(2) award damages of 150 percent of the amount of
60	60	damages determined under Subdivision (1).
61	61	SECTION 5. The changes in law made by this Act apply only to
62	62	the acquisition of real property in connection with a final offer
63	63	made under Section 21.0113, Property Code, on or after the
64	64	effective date of this Act. An acquisition of real property in
65	65	connection with a final offer made under Section 21.0113, Property
66	66	Code, before the effective date of this Act is governed by the law
67	67	applicable to the acquisition immediately before the effective date
68	68	of this Act, and that law is continued in effect for that purpose.
69	69	SECTION 6. This Act takes effect September 1, 2017.