bill pays eminent domain owners as if easements were absent

The text as introduced · 425 words

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.