| 1 | 1 | | 88R3017 KBB-D |
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| 2 | 2 | | By: Eckhardt S.B. No. 201 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the assessment of damages resulting from the |
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| 8 | 8 | | condemnation of property that is subject to a conservation |
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| 9 | 9 | | easement. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Section 21.041, Property Code, is amended to |
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| 12 | 12 | | read as follows: |
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| 13 | 13 | | Sec. 21.041. EVIDENCE. As the basis for assessing actual |
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| 14 | 14 | | damages to a property owner from a condemnation, the special |
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| 15 | 15 | | commissioners shall admit evidence on: |
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| 16 | 16 | | (1) the value of the property being condemned; |
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| 17 | 17 | | (2) the injury to the property owner; |
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| 18 | 18 | | (3) the benefit to the property owner's remaining |
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| 19 | 19 | | property; [and] |
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| 20 | 20 | | (4) the use of the property for the purpose of the |
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| 21 | 21 | | condemnation; and |
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| 22 | 22 | | (5) if the property is subject to a conservation |
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| 23 | 23 | | easement created under Chapter 183, Natural Resources Code, the |
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| 24 | 24 | | local market value of the property based on the property's highest |
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| 25 | 25 | | and best use without consideration of the property's conservation |
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| 26 | 26 | | easement status. |
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| 27 | 27 | | SECTION 2. Subchapter C, Chapter 21, Property Code, is |
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| 28 | 28 | | amended by adding Section 21.0422 to read as follows: |
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| 29 | 29 | | Sec. 21.0422. ASSESSMENT OF DAMAGES: CONSERVATION |
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| 30 | 30 | | EASEMENTS. (a) Notwithstanding Section 21.042(b), if an entire |
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| 31 | 31 | | tract or parcel that is subject to a conservation easement created |
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| 32 | 32 | | under Chapter 183, Natural Resources Code, is condemned, the damage |
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| 33 | 33 | | to the property owner is an amount equal to the local market value |
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| 34 | 34 | | of the property based on the property's highest and best use without |
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| 35 | 35 | | consideration of the property's conservation easement status. |
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| 36 | 36 | | (b) Notwithstanding Section 21.042(c), if a portion of a |
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| 37 | 37 | | tract or parcel that is subject to a conservation easement created |
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| 38 | 38 | | under Chapter 183, Natural Resources Code, is condemned, the |
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| 39 | 39 | | special commissioners shall determine the damage to the property |
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| 40 | 40 | | owner after estimating the extent of the injury and benefit to the |
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| 41 | 41 | | property owner: |
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| 42 | 42 | | (1) based on the property's highest and best use |
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| 43 | 43 | | without consideration of the property's conservation easement |
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| 44 | 44 | | status; and |
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| 45 | 45 | | (2) including the effect of the condemnation on the |
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| 46 | 46 | | value of the property owner's remaining property, based on the |
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| 47 | 47 | | remaining property's highest and best use without consideration of |
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| 48 | 48 | | the remaining property's conservation easement status. |
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| 49 | 49 | | SECTION 3. The changes in law made by this Act apply only to |
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| 50 | 50 | | a condemnation proceeding commenced on or after the effective date |
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| 51 | 51 | | of this Act. A condemnation proceeding commenced before the |
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| 52 | 52 | | effective date of this Act is governed by the law applicable to the |
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| 53 | 53 | | condemnation proceeding immediately before the effective date of |
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| 54 | 54 | | this Act, and that law is continued in effect for that purpose. |
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| 55 | 55 | | SECTION 4. This Act takes effect September 1, 2023. |
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