HBA-LJP H.B. 377 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 377
By: Turner, Bob
Land & Resource Management
2/14/2001
Introduced



BACKGROUND AND PURPOSE 

Current law requires special commissioners, appointed by the court for a
condemnation proceeding, to assess actual damages to a property owner from
a condemnation based on the fair market value of the property.  The courts'
interpretation of the law rejects the right of a property owner to submit
evidence or be compensated for the fair market value of the natural
resource separately from the real property, even when the condemner's
intended use of the property is to develop and use the natural resource.
House Bill 377 authorizes the special commissioners to consider and award
actual damages to a property owner for the fair market value of a real
property's natural resources in certain condemned property proceedings. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

House Bill 377 amends the Property Code to require special commissioners
appointed by the court for a condemnation proceeding to admit evidence of
the fair market value of a real property's natural resources separate from
the real property's fair market value when a political subdivision files a
condemnation petition with the intent to use or develop the natural
resources on, within, or under the real property.  If special commissioners
admit this evidence, then they are authorized to assess the damages to the
property owner for the fair market value of the real property's natural
resources separate from the condemned real property's fair market value. 

EFFECTIVE DATE

September 1, 2001.