Journal of the House of Representatives of the Regular Session of the Eightieth Legislature of the State of Texas, Volume 6 Page: 6,507
6459-7408, S49-S79 p. ; 23 cm.View a full description of this legislative document.
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the proceeding initiated by the filing of that petition the condemnor violated
Chapter 10, Civil Practice and Remedies Code, the court shall order the
condemnor to pay:
(1) all costs as provided by Subsection (a); and
(2) any reasonable attorney's fees incurred by the owner that are
directly related to the violation.
(16) In SECTION 11 of the bill, in amended Subsection (a), Section 21.101,
Property Code (page 7, line 45), between "entity" and "through", insert "other
than a port that is acquiring property for deep water navigation".
(17) In SECTION 11 of the bill, in amended Subsection (a), Section 21.101,
Property Code (page 7, line 49), between "acquisition" and the period, insert "or
the governmental entity fails to begin the operation or construction of the project
for which the property was acquired before the 10th anniversary of that date".
(18) Add the following appropriately numbered SECTIONS to the bill and
renumber existing SECTIONS accordingly:
SECTION . Section 21.102, Property Code, is amended to read as
follows:
Sec. 21.102. NOTICE TO PREVIOUS PROPERTY OWNER AT TIME
OF CANCELLATION OF PUBLIC USE OR ON FAILURE TO BEGIN
OPERATION OR CONSTRUCTION OF PROJECT. Not later than the 180th
day after the date of the cancellation of the public use for which real property was
acquired through eminent domain from a property owner under Subchapter B or
the 180th day after the 10th anniversary of the date on which the property was
acquired if the governmental entity fails to begin the operation or construction of
the project for which the property was acquired before the 10th anniversary of
that date, the governmental 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 the public use has been canceled or the
governmental entity has failed to begin the operation or construction of the
project for which the property was acquired; and
(3) a description of the person's right under this subchapter to
repurchase the property.
SECTION . Not later than January 1, 2009, the comptroller shall:
(1) identify all public and private entities with eminent domain
authority; and
(2) make recommendations to the legislature and the governor
regarding:
(A) which entities have, need, or should have eminent domain
authority;
(B) whether that eminent domain authority of those entities should
be continued, expanded, or limited; andSaturday, May 26, 2007
HOUSE JOURNAL
85th Day 6507
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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/m1/53/: accessed April 28, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.