HB2706 - Relating to the possession of property to be acquired by eminent domain during pending litigation in a condemnation proceeding.

  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.