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Amend Hegar Floor Amendment No. 3 to CSHB 300 by adding the
following to the amendment:
Amend CSHB 300 (Senate committee printing) in Article 1 of
the bill by adding the following SECTION to that article,
appropriately numbered, and renumbering subsequent SECTIONS of
that article accordingly.
SECTION 1.__. Section 21.042, Property Code, is amended by
adding Subsection (i) to read as follows:
(i) This subsection applies only in connection with a
portion of a tract or parcel of real property that is condemned in
connection with a highway or other transportation project of a
political subdivision or governmental entity of this state other
than the Texas Department of Transportation. In estimating injury
or benefit under Subsection (c), the special commissioners shall
consider an injury or benefit that is peculiar to the property owner
and that relates to the property owner's ownership, use, or
enjoyment of the particular parcel of real property, including a
material impairment of direct access on or off the remaining
property that affects the market value of the remaining property,
but they may not consider an injury or benefit that the property
owner experiences in common with the general community, including
circuity of travel and diversion of traffic. In this subsection,
"direct access" means ingress and egress on or off a public road,
street, or highway at a location or locations where the remaining
property adjoins that road, street, or highway.
DUNCAN
ESTES