85R12172 AJA-F
By: Holland H.B. No. 2556
A BILL TO BE ENTITLED
AN ACT
relating to the appraisal required in connection with a bona fide
offer to acquire real property by an entity with eminent domain
authority.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 21.0113(b), Property Code, is amended to
read as follows:
(b) An entity with eminent domain authority has made a bona
fide offer if:
(1) an initial offer is made in writing to a property
owner;
(2) a final offer is made in writing to the property
owner;
(3) the final offer is made on or after the 30th day
after the date on which the entity makes a written initial offer to
the property owner;
(4) before making a final offer, the entity obtains a
written appraisal from a certified appraiser of the value of the
property being acquired and the damages, if any, to any of the
property owner's remaining property, including an appraisal of
damages arising from:
(A) any construction, maintenance, repair,
replacement, or removal of a structure on the owner's property made
necessary by the proposed acquisition; or
(B) any replacement, relocation, or removal of,
or injury to, any other property, whether real or personal, located
on or affixed to the owner's land, including livestock, growing
crops, or other growing plants;
(5) the final offer is equal to or greater than the
amount of the written appraisal obtained by the entity;
(6) the following items are included with the final
offer or have been previously provided to the owner by the entity:
(A) a copy of the written appraisal;
(B) a copy of the deed, easement, or other
instrument conveying the property sought to be acquired; and
(C) the landowner's bill of rights statement
prescribed by Section 21.0112; and
(7) the entity provides the property owner with at
least 14 days to respond to the final offer and the property owner
does not agree to the terms of the final offer within that period.
SECTION 2. The change in law made by this Act applies only
to the acquisition of real property in connection with an initial
offer made under Section 21.0113, Property Code, on or after the
effective date of this Act. An acquisition of real property in
connection with an initial offer made under Section 21.0113,
Property Code, before the effective date of this Act is governed by
the law applicable to the acquisition immediately before the
effective date of this Act, and that law is continued in effect for
that purpose.
SECTION 3. This Act takes effect September 1, 2017.