86R5824 PMO-F
By: Landgraf H.B. No. 2862
A BILL TO BE ENTITLED
AN ACT
relating to the appointment of special commissioners to assess
damages in an eminent domain proceeding.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 21.014(a), Property Code, is amended to
read as follows:
(a) The judge of a court in which a condemnation petition is
filed or to which an eminent domain case is assigned shall appoint,
not later than the third day after the date the condemnation
petition is filed, three disinterested real property owners who
reside in the county as special commissioners to assess the damages
of the owner of the property being condemned. The judge appointing
the special commissioners shall give preference to persons agreed
on by the parties. The judge shall provide the owner of the
property being condemned and the condemnor [each party] a
reasonable period not to exceed 20 days after the date of the
appointment to strike one of the three commissioners appointed by
the judge. If a person fails to serve as a commissioner or is struck
by a party to the suit, the judge shall appoint a replacement not
later than the third day after the date the judge receives notice
that the appointee will not serve or is struck.
SECTION 2. Section 21.014, Property Code, as amended by
this Act, applies only to a condemnation proceeding in which the
petition is filed on or after the effective date of this Act. A
condemnation proceeding filed before the effective date of this Act
is governed by the law as it existed 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, 2019.