bill delaying possession in eminent domain fights

The text as introduced · 451 words

89R4044 JBD-F

By: Zwiener
H.B. No. 2706

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, 2025.