88R10359 KBB-F
By: Zwiener H.B. No. 2318
A BILL TO BE ENTITLED
AN ACT
relating to the possession of property to be acquired by eminent
domain during pending litigation in a condemnation proceeding.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 21.021, Property Code, is amended by
amending Subsections (a) and (c) and adding Subsection (e) to read
as follows:
(a) Not earlier than the 180th day after the date [After]
the special commissioners make [have made] an award in a
condemnation proceeding, except as provided by Subsection (c) or
(e) [of this section], the condemnor may take possession of the
condemned property pending the results of further litigation if the
condemnor:
(1) pays to the property owner the amount of damages
and costs awarded by the special commissioners or deposits that
amount of money with the court subject to the order of the property
owner;
(2) deposits with the court either the amount of money
awarded by the special commissioners as damages or a surety bond in
the same amount issued by a surety company qualified to do business
in this state, conditioned to secure the payment of an award of
damages by the court in excess of the award of the special
commissioners; and
(3) executes a bond that has two or more good and
solvent sureties approved by the judge of the court in which the
proceeding is pending and conditioned to secure the payment of
additional costs that may be awarded to the property owner by the
trial court or on appeal.
(c) This state, a county, or a municipal corporation or an
irrigation, water improvement, or water power control district
created under legal authority:
(1) may take immediate possession of the property
after paying or depositing money as required by Subsection (a)(1);
and
(2) is not required to deposit a bond or the amount
equal to the award of damages under Subsections (a)(2) and (3)
[Subdivisions (2) and (3) of Subsection (a)].
(e) This section may not be construed to prohibit an
agreement between the parties allowing the condemnor to take
immediate possession of the property pending resolution of further
litigation.
SECTION 2. The changes in law made by this Act apply only to
a condemnation proceeding for which a petition is filed on or after
the effective date of this Act. A condemnation proceeding for which
a petition is filed before the effective date of this Act is
governed by the law in effect on the date the petition is filed, and
that law is continued in effect for that purpose.
SECTION 3. This Act takes effect September 1, 2023.