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Sec. 402.031. PREPARATION
OF LANDOWNER'S BILL OF RIGHTS |
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STATEMENT.
(a) The attorney general shall prepare a written |
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statement
that includes a bill of rights for a property owner whose |
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real
property may be acquired by a governmental or private entity |
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through
the use of the entity's eminent domain authority under |
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Chapter
21, Property Code. |
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(b) The
landowner's bill of rights must notify each property |
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owner
that the property owner has the right to: |
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(1) notice
of the proposed acquisition of the owner's |
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property; |
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(2) a
bona fide good faith effort to negotiate by the |
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entity
proposing to acquire the property; |
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(3) an
assessment of damages to the owner that will |
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result
from the taking of the property; |
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(4) a
hearing under Chapter 21, Property Code, |
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including
a hearing on the assessment of damages; and |
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(5) an
appeal of a judgment in a condemnation |
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proceeding, including an appeal of an assessment of damages. |
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(c) The
statement must include: |
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(1) the
title, "Landowner's Bill of Rights"; and |
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(2) a
description of: |
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(A) the
condemnation procedure provided by |
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Chapter
21, Property Code; |
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(B) the
condemning entity's obligations to the |
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property
owner; and |
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(C) the
property owner's options during a |
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condemnation,
including the property owner's right to object to and |
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appeal an amount of damages awarded. |
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(d) The
office of the attorney general shall: |
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(1) write
the statement in plain language designed to |
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be
easily understood by the average property owner; and |
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(2) make
the statement available on the attorney |
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general's Internet website. |
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SECTION 3. Subchapter
B, Chapter 21, Property Code, is |
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amended
by adding Section 21.0112 to read as follows: |
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Sec. 21.0112. PROVISION
OF LANDOWNER'S BILL OF RIGHTS |
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STATEMENT
REQUIRED. (a) Before a governmental or private entity |
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with
eminent domain authority begins negotiating with a property |
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owner
to acquire real property, the entity must send by first-class |
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mail
or otherwise provide a landowner's bill of rights statement |
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provided
by Section 402.031, Government Code, to the last known |
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address
of the person in whose name the property is listed on the |
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most
recent tax roll of any appropriate taxing unit authorized by |
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law to levy property taxes against the property. |
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(b) The
statement must be: |
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(1) printed
in an easily readable font and type size; |
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and |
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(2) if
the entity is a governmental entity, made |
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available
on the Internet website of the entity if technologically |
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feasible. |
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