85R14174 E
By: Bell H.B. No. 3170
A BILL TO BE ENTITLED
AN ACT
relating to the protection of the rights of a property owner in an
eminent domain proceeding.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 21.0111, Property Code, is amended by
adding Subsection (a-1) to read as follows:
(a-1) After making an offer to which Subsection (a) applies,
the entity shall disclose to the property owner any new, amended, or
updated appraisal report produced or acquired by or on behalf of the
entity after making the offer and used in determining the entity's
opinion of value. A disclosure required by this subsection must be
made not later than the earlier of:
(1) the 10th day after the date the entity receives the
appraisal report; or
(2) the third business day before the date of a special
commissioner's hearing if the appraisal report is to be used at the
hearing.
SECTION 2. Section 21.012, Property Code, is amended by
adding Subsection (d) to read as follows:
(d) In accordance with Section 21.019(b-1), a court shall
dismiss a condemnation proceeding unless the entity that files a
petition under this section proves to the court that the entity has
met the requirements described in Subsection (b).
SECTION 3. Section 21.019, Property Code, is amended by
amending Subsections (a), (b), and (c) and adding Subsection (b-1)
to read as follows:
(a) A party that files a condemnation petition may move to
dismiss, in whole or in part, the proceedings, and the court shall
conduct a hearing on the motion. However, after the special
commissioners have made an award, in an effort to obtain a lower
award a condemnor may not dismiss, in whole or in part, the
condemnation proceedings merely to institute new proceedings that
involve substantially the same condemnation against the same
property owner.
(b) A court that hears and grants a motion to dismiss, in
whole or in part, a condemnation proceeding made by a condemnor
under Subsection (a) shall make an allowance to the property owner
for reasonable and necessary fees for attorneys, appraisers, and
photographers and for the other expenses incurred by the property
owner to the date of the hearing.
(b-1) The court shall dismiss a condemnation proceeding if
the court finds that the party that filed the condemnation petition
failed to comply with any provision of Sections 21.0111 through
21.012. A court that grants a motion to dismiss under this
subsection shall make an allowance to the property owner for
reasonable and necessary fees for attorneys, appraisers, and
photographers and for the other expenses incurred by the property
owner to the date of the hearing.
(c) Except as provided by Subsection (b-1), a [A] court that
hears and grants a motion to dismiss a condemnation proceeding made
by a property owner seeking a judicial denial of the right to
condemn or that otherwise renders a judgment denying the right to
condemn may make an allowance to the property owner for reasonable
and necessary fees for attorneys, appraisers, and photographers and
for the other expenses incurred by the property owner to the date of
the hearing or judgment.
SECTION 4. Sections 21.0195(b) and (c), Property Code, are
amended to read as follows:
(b) The department may move to dismiss, in whole or in part,
a proceeding it files, and the court shall conduct a hearing on the
motion. The court may grant the motion only if the court determines
that the property owner's interest will not be materially affected
by the dismissal. The department may not dismiss, in whole or in
part, the condemnation proceedings merely to institute new
proceedings that involve substantially the same condemnation
against the same property owner solely to obtain a lower
condemnation award.
(c) If a court dismisses, in whole or in part, a
condemnation proceeding on the motion of the department or as a
result of the failure of the department to bring the proceeding
properly, the court shall make an allowance to the property owner
for the value of the department's use of the property while in
possession of the property, any damage that the condemnation has
caused to the property owner, and any expenses the property owner
has incurred in connection with the condemnation, including
reasonable and necessary fees for attorneys.
SECTION 5. Section 21.047(d), Property Code, is repealed.
SECTION 6. (a) Section 21.0111, Property Code, as amended
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.
(b) Sections 21.012, 21.019, 21.0195, and 21.047, Property
Code, as amended by this Act, apply only to an eminent domain
proceeding commenced on or after the effective date of this Act. An
eminent domain proceeding commenced before the effective date of
this Act is governed by the law applicable to the proceeding
immediately before the effective date of this Act, and that law is
continued in effect for that purpose.
SECTION 7. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2017.