Texas 2023 - 88th Regular

Texas House Bill HB2284 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	88R3531 SHH-D
2	2	By: King of Hemphill H.B. No. 2284
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the right to repurchase certain real property from a
8	8	condemning entity after a change to the use of the property.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 21.101(a), Property Code, is amended to
11	11	read as follows:
12	12	(a) A person from whom a real property interest is acquired
13	13	by an entity through eminent domain for a public use, or that
14	14	person's heirs, successors, or assigns, is entitled to repurchase
15	15	the property as provided by this subchapter if:
16	16	(1) the public use for which the property was acquired
17	17	through eminent domain is canceled before the property is used for
18	18	that public use;
19	19	(2) no actual progress is made toward the public use
20	20	for which the property was acquired between the date of acquisition
21	21	and the 10th anniversary of that date; [or]
22	22	(3) the property becomes unnecessary for the public
23	23	use for which the property was acquired, or a substantially similar
24	24	public use, before the 10th anniversary of the date of acquisition;
25	25	or
26	26	(4) the use of the property is changed from the public
27	27	use for which the property was initially acquired to any other use
28	28	during the lifetime of:
29	29	(A) the person from whom the property was
30	30	acquired; or
31	31	(B) a person who is related within three
32	32	generations by blood, marriage, or adoption to the person from whom
33	33	the property was acquired.
34	34	SECTION 2. Section 21.102, Property Code, is amended to
35	35	read as follows:
36	36	Sec. 21.102. NOTICE TO PREVIOUS PROPERTY OWNER REQUIRED.
37	37	Not later than the 180th day after the date an entity that acquired
38	38	a real property interest through eminent domain determines that the
39	39	former property owner, or the owner's heirs, successors, or
40	40	assigns, is or may be entitled to repurchase the property under
41	41	Section 21.101, the entity shall send by certified mail, return
42	42	receipt requested, to the property owner or the owner's heirs,
43	43	successors, or assigns a notice containing:
44	44	(1) an identification, which is not required to be a
45	45	legal description, of the property that was acquired;
46	46	(2) an identification of the public use for which the
47	47	property had been acquired and a statement that:
48	48	(A) the public use was canceled before the
49	49	property was used for the public use;
50	50	(B) no actual progress was made toward the public
51	51	use; [or]
52	52	(C) the property became unnecessary for the
53	53	public use, or a substantially similar public use, before the 10th
54	54	anniversary of the date of acquisition; or
55	55	(D) the use of the property was changed from the
56	56	public use for which the property was initially acquired to any
57	57	other use; and
58	58	(3) a description of the person's right under this
59	59	subchapter to repurchase the property.
60	60	SECTION 3. Section 21.1021(a), Property Code, is amended to
61	61	read as follows:
62	62	(a) On or after the 10th anniversary of the date on which
63	63	real property was acquired by an entity through eminent domain, a
64	64	property owner or the owner's heirs, successors, or assigns may
65	65	request that the condemning entity make a determination and provide
66	66	a statement and other relevant information regarding:
67	67	(1) whether the public use for which the property was
68	68	acquired was canceled before the property was used for the public
69	69	use;
70	70	(2) whether any actual progress was made toward the
71	71	public use between the date of acquisition and the 10th anniversary
72	72	of that date, including an itemized description of the progress
73	73	made, if applicable; [and]
74	74	(3) whether the property became unnecessary for the
75	75	public use, or a substantially similar public use, before the 10th
76	76	anniversary of the date of acquisition; and
77	77	(4) whether, between the date of acquisition and the
78	78	date of the request, the use of the property was changed from the
79	79	public use for which the property was acquired to any other use.
80	80	SECTION 4. Section 21.103(a), Property Code, is amended to
81	81	read as follows:
82	82	(a) Not later than the 180th day after the date of the
83	83	postmark on a notice sent under Section 21.102 or a response to a
84	84	request made under Section 21.1021 that indicates that the property
85	85	owner, or the owner's heirs, successors, or assigns, is or may be
86	86	entitled to repurchase the property interest in accordance with
87	87	Section 21.101, the property owner or the owner's heirs,
88	88	successors, or assigns must notify the entity of the person's
89	89	intent to repurchase the property interest under this subchapter.
90	90	SECTION 5. The changes in law made by this Act apply only to
91	91	a real property interest acquired in connection with a condemnation
92	92	proceeding in which the petition is filed on or after the effective
93	93	date of this Act. A real property interest acquired in connection
94	94	with a condemnation proceeding in which the petition is filed
95	95	before the effective date of this Act is governed by the law in
96	96	effect immediately before that date, and that law is continued in
97	97	effect for that purpose.
98	98	SECTION 6. This Act takes effect September 1, 2023.