Journal of the House of Representatives of the Regular Session of the Eightieth Legislature of the State of Texas, Volume 6 Page: 6,506
6459-7408, S49-S79 p. ; 23 cm.View a full description of this legislative document.
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80th LEGISLATURE REGULAR SESSION
(7) In SECTION 3 of the bill, in the recital (page 6, line 6), strike "Sections
21.0112 and 21.0113" and substitute "Section 21.0112".
(8) In SECTION 3 of the bill, in the heading of added Section 21.0112,
Property Code (page 6, line 7), strike "GOOD FAITH STANDARD" and
substitute "BONA FIDE OFFER REQUIRED".
(9) In SECTION 3 of the bill, in added Section 21.0112, Property Code
(page 6, line 9), strike "good faith effort" and substitute "bona fide offer".
(10) In SECTION 3 of the bill, in added Section 21.0112, Property Code
(page 6, line 10), after the period, insert "A bona fide offer is an offer that is not
arbitrary or capricious and is based on a reasonably thorough investigation and
honest assessment of the amount of the just compensation due to the landowner
as a result of the taking."
(11) In SECTION 3 of the bill, strike added Section 21.0113, Property Code
(page 6, lines 11-25).
(12) In SECTION 4 of the bill, in added Subdivision (5), Subsection (b),
Section 21.012, Property Code (page 6, line 36), strike "good faith effort" and
substitute "bona fide offer".
(13) Strike SECTION 6 of the bill (page 6, line 53, through page 7, line 4)
and substitute the following:
SECTION 6. Section 21.041, Property Code, is amended to read as follows:
Sec. 21.041. EVIDENCE. (a) For the purposes of this section, market
value is the price a property will bring when offered for sale by a person who
desires to sell the property, but is not obliged to sell the property, and is bought by
a person who desires to buy the property, but is not under a necessity to buy the
property.
(b) As the basis for assessing actual damages to a property owner from a
condemnation, the special commissioners shall, subject to the Texas Rules of
Evidence, admit evidence on:
(1) the market value, before the condemnation, of the property being
condemned;
(2) subject to Section 21.042, the net change to the market value of [the
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[(3) thc bcnCfit to] the property owner's remaining property,
considering both injury and benefit to the property owner; and
(3) [(4)] the use of the property for the purpose of the condemnation.
(14) Strike SECTION 7 of the bill (page 7, lines 5-14) and renumber
subsequent SECTIONS of the bill accordingly.
(15) In SECTION 10 of the bill, strike added Subsection (d), Section
21.047, Property Code (page 7, lines 36-40), and substitute the following:
(d) If a court hearing a suit under this chapter determines that a condemning
entity did not make a bona fide offer to acquire the property from the property
owner voluntarily as required by Section 21.0112, the court shall abate the suit
and order the condemnor to make a bona fide offer. If the court finds that by
filing a petition under Section 21.012 or by filing any other motion or pleading in6506
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Texas. Legislature. House of Representatives. Journal of the House of Representatives of the Regular Session of the Eightieth Legislature of the State of Texas, Volume 6, legislative document, 2007; (https://texashistory.unt.edu/ark:/67531/metapth97476/m1/52/: accessed April 27, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.