| 1 | 1 | | 87R3918 NC-D |
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| 2 | 2 | | By: Schofield H.J.R. No. 92 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A JOINT RESOLUTION |
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| 6 | 6 | | proposing a constitutional amendment concerning the right to |
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| 7 | 7 | | repurchase real property acquired by a governmental entity through |
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| 8 | 8 | | eminent domain. |
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| 9 | 9 | | BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 52j, Article III, Texas Constitution, is |
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| 11 | 11 | | amended to read as follows: |
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| 12 | 12 | | Sec. 52j. A person from whom a real property interest is |
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| 13 | 13 | | acquired by an entity through eminent domain for a public use, or |
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| 14 | 14 | | that person's heirs, successors, or assigns, is entitled to |
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| 15 | 15 | | repurchase the property under the conditions provided by this |
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| 16 | 16 | | section. A governmental entity shall offer to [may] sell real |
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| 17 | 17 | | property acquired through eminent domain to the person who owned |
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| 18 | 18 | | the real property interest immediately before the governmental |
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| 19 | 19 | | entity acquired the property interest, or to the person's heirs, |
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| 20 | 20 | | successors, or assigns, at the price the entity paid at the time of |
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| 21 | 21 | | acquisition if: |
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| 22 | 22 | | (1) the public use for which the property was acquired |
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| 23 | 23 | | through eminent domain is canceled; |
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| 24 | 24 | | (2) no actual progress is made toward the public use |
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| 25 | 25 | | during a prescribed period of time; or |
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| 26 | 26 | | (3) the property is unnecessary for the public use. |
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| 27 | 27 | | SECTION 2. This proposed constitutional amendment shall be |
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| 28 | 28 | | submitted to the voters at an election to be held November 2, 2021. |
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| 29 | 29 | | The ballot shall be printed to provide for voting for or against the |
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| 30 | 30 | | proposition: "The constitutional amendment to require a |
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| 31 | 31 | | governmental entity to offer for sale under certain conditions real |
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| 32 | 32 | | property acquired through eminent domain to the previous owner at |
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| 33 | 33 | | the price the entity paid to acquire the property." |
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