| 1 | 1 | | 85R12172 AJA-F |
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| 2 | 2 | | By: Holland H.B. No. 2556 |
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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 appraisal required in connection with a bona fide |
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| 8 | 8 | | offer to acquire real property by an entity with eminent domain |
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| 9 | 9 | | authority. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Section 21.0113(b), Property Code, is amended to |
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| 12 | 12 | | read as follows: |
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| 13 | 13 | | (b) An entity with eminent domain authority has made a bona |
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| 14 | 14 | | fide offer if: |
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| 15 | 15 | | (1) an initial offer is made in writing to a property |
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| 16 | 16 | | owner; |
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| 17 | 17 | | (2) a final offer is made in writing to the property |
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| 18 | 18 | | owner; |
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| 19 | 19 | | (3) the final offer is made on or after the 30th day |
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| 20 | 20 | | after the date on which the entity makes a written initial offer to |
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| 21 | 21 | | the property owner; |
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| 22 | 22 | | (4) before making a final offer, the entity obtains a |
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| 23 | 23 | | written appraisal from a certified appraiser of the value of the |
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| 24 | 24 | | property being acquired and the damages, if any, to any of the |
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| 25 | 25 | | property owner's remaining property, including an appraisal of |
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| 26 | 26 | | damages arising from: |
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| 27 | 27 | | (A) any construction, maintenance, repair, |
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| 28 | 28 | | replacement, or removal of a structure on the owner's property made |
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| 29 | 29 | | necessary by the proposed acquisition; or |
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| 30 | 30 | | (B) any replacement, relocation, or removal of, |
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| 31 | 31 | | or injury to, any other property, whether real or personal, located |
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| 32 | 32 | | on or affixed to the owner's land, including livestock, growing |
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| 33 | 33 | | crops, or other growing plants; |
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| 34 | 34 | | (5) the final offer is equal to or greater than the |
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| 35 | 35 | | amount of the written appraisal obtained by the entity; |
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| 36 | 36 | | (6) the following items are included with the final |
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| 37 | 37 | | offer or have been previously provided to the owner by the entity: |
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| 38 | 38 | | (A) a copy of the written appraisal; |
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| 39 | 39 | | (B) a copy of the deed, easement, or other |
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| 40 | 40 | | instrument conveying the property sought to be acquired; and |
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| 41 | 41 | | (C) the landowner's bill of rights statement |
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| 42 | 42 | | prescribed by Section 21.0112; and |
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| 43 | 43 | | (7) the entity provides the property owner with at |
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| 44 | 44 | | least 14 days to respond to the final offer and the property owner |
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| 45 | 45 | | does not agree to the terms of the final offer within that period. |
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| 46 | 46 | | SECTION 2. The change in law made by this Act applies only |
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| 47 | 47 | | to the acquisition of real property in connection with an initial |
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| 48 | 48 | | offer made under Section 21.0113, Property Code, on or after the |
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| 49 | 49 | | effective date of this Act. An acquisition of real property in |
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| 50 | 50 | | connection with an initial offer made under Section 21.0113, |
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| 51 | 51 | | Property Code, before the effective date of this Act is governed by |
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| 52 | 52 | | the law applicable to the acquisition immediately before the |
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| 53 | 53 | | effective date of this Act, and that law is continued in effect for |
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| 54 | 54 | | that purpose. |
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| 55 | 55 | | SECTION 3. This Act takes effect September 1, 2017. |
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