SB363 - Relating to the assessment of damages resulting from the condemnation of property that is subject to a conservation easement.

  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.