88R3531 SHH-D
By: King of Hemphill H.B. No. 2284
A BILL TO BE ENTITLED
AN ACT
relating to the right to repurchase certain real property from a
condemning entity after a change to the use of the property.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 21.101(a), Property Code, is amended to
read as follows:
(a) A person from whom a real property interest is acquired
by an entity through eminent domain for a public use, or that
person's heirs, successors, or assigns, is entitled to repurchase
the property as provided by this subchapter if:
(1) the public use for which the property was acquired
through eminent domain is canceled before the property is used for
that public use;
(2) no actual progress is made toward the public use
for which the property was acquired between the date of acquisition
and the 10th anniversary of that date; [or]
(3) the property becomes unnecessary for the public
use for which the property was acquired, or a substantially similar
public use, before the 10th anniversary of the date of acquisition;
or
(4) the use of the property is changed from the public
use for which the property was initially acquired to any other use
during the lifetime of:
(A) the person from whom the property was
acquired; or
(B) a person who is related within three
generations by blood, marriage, or adoption to the person from whom
the property was acquired.
SECTION 2. Section 21.102, Property Code, is amended to
read as follows:
Sec. 21.102. NOTICE TO PREVIOUS PROPERTY OWNER REQUIRED.
Not later than the 180th day after the date an entity that acquired
a real property interest through eminent domain determines that the
former property owner, or the owner's heirs, successors, or
assigns, is or may be entitled to repurchase the property under
Section 21.101, the entity shall send by certified mail, return
receipt requested, to the property owner or the owner's heirs,
successors, or assigns a notice containing:
(1) an identification, which is not required to be a
legal description, of the property that was acquired;
(2) an identification of the public use for which the
property had been acquired and a statement that:
(A) the public use was canceled before the
property was used for the public use;
(B) no actual progress was made toward the public
use; [or]
(C) the property became unnecessary for the
public use, or a substantially similar public use, before the 10th
anniversary of the date of acquisition; or
(D) the use of the property was changed from the
public use for which the property was initially acquired to any
other use; and
(3) a description of the person's right under this
subchapter to repurchase the property.
SECTION 3. Section 21.1021(a), Property Code, is amended to
read as follows:
(a) On or after the 10th anniversary of the date on which
real property was acquired by an entity through eminent domain, a
property owner or the owner's heirs, successors, or assigns may
request that the condemning entity make a determination and provide
a statement and other relevant information regarding:
(1) whether the public use for which the property was
acquired was canceled before the property was used for the public
use;
(2) whether any actual progress was made toward the
public use between the date of acquisition and the 10th anniversary
of that date, including an itemized description of the progress
made, if applicable; [and]
(3) whether the property became unnecessary for the
public use, or a substantially similar public use, before the 10th
anniversary of the date of acquisition; and
(4) whether, between the date of acquisition and the
date of the request, the use of the property was changed from the
public use for which the property was acquired to any other use.
SECTION 4. Section 21.103(a), Property Code, is amended to
read as follows:
(a) Not later than the 180th day after the date of the
postmark on a notice sent under Section 21.102 or a response to a
request made under Section 21.1021 that indicates that the property
owner, or the owner's heirs, successors, or assigns, is or may be
entitled to repurchase the property interest in accordance with
Section 21.101, the property owner or the owner's heirs,
successors, or assigns must notify the entity of the person's
intent to repurchase the property interest under this subchapter.
SECTION 5. The changes in law made by this Act apply only to
a real property interest acquired in connection with a condemnation
proceeding in which the petition is filed on or after the effective
date of this Act. A real property interest acquired in connection
with a condemnation proceeding in which the petition is filed
before the effective date of this Act is governed by the law in
effect immediately before that date, and that law is continued in
effect for that purpose.
SECTION 6. This Act takes effect September 1, 2023.