89R4403 SCR-D
By: Eckhardt S.B. No. 363
A BILL TO BE ENTITLED
AN ACT
relating to the assessment of damages resulting from the
condemnation of property that is subject to a conservation
easement.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 21.041, Property Code, is amended to
read as follows:
Sec. 21.041. EVIDENCE. As the basis for assessing actual
damages to a property owner from a condemnation, the special
commissioners shall admit evidence on:
(1) the value of the property being condemned;
(2) the injury to the property owner;
(3) the benefit to the property owner's remaining
property; [and]
(4) the use of the property for the purpose of the
condemnation; and
(5) if the property is subject to a conservation
easement created under Chapter 183, Natural Resources Code, the
local market value of the property based on the property's highest
and best use without consideration of the property's conservation
easement status.
SECTION 2. Subchapter C, Chapter 21, Property Code, is
amended by adding Section 21.0422 to read as follows:
Sec. 21.0422. ASSESSMENT OF DAMAGES: CONSERVATION
EASEMENTS. (a) Notwithstanding Section 21.042(b), if an entire
tract or parcel that is subject to a conservation easement created
under Chapter 183, Natural Resources Code, is condemned, the damage
to the property owner is an amount equal to the local market value
of the property based on the property's highest and best use without
consideration of the property's conservation easement status.
(b) Notwithstanding Section 21.042(c), if a portion of a
tract or parcel that is subject to a conservation easement created
under Chapter 183, Natural Resources Code, is condemned, the
special commissioners shall determine the damage to the property
owner after estimating the extent of the injury and benefit to the
property owner:
(1) based on the property's highest and best use
without consideration of the property's conservation easement
status; and
(2) including the effect of the condemnation on the
value of the property owner's remaining property, based on the
remaining property's highest and best use without consideration of
the remaining property's conservation easement status.
SECTION 3. The changes in law made by this Act apply only to
a condemnation proceeding commenced on or after the effective date
of this Act. A condemnation proceeding commenced before the
effective date of this Act is governed by the law applicable to the
condemnation proceeding immediately before the effective date of
this Act, and that law is continued in effect for that purpose.
SECTION 4. This Act takes effect September 1, 2025.