85R12983 BEE-F
By: Holland H.B. No. 3441
A BILL TO BE ENTITLED
AN ACT
relating to compensation to a property owner for property acquired
by an entity with eminent domain authority.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 21.041, Property Code, is amended to
read as follows:
Sec. 21.041. EVIDENCE. (a) As the basis for assessing
actual damages to a property owner from a condemnation, the special
commissioners shall admit evidence on:
(1) the value of the property being condemned;
(2) the injury to the property owner;
(3) the benefit to the property owner's remaining
property; and
(4) the use of the property for the purpose of the
condemnation.
(b) The special commissioners may admit evidence on the
price paid for pipeline or power line rights-of-way in privately
negotiated transactions made in the absence of a potential, actual,
or threatened condemnation.
SECTION 2. Section 21.041, Property Code, as amended by
this Act, applies 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 3. This Act takes effect September 1, 2017.