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Cogdell to Clairemont 138 kV TRANSMISSION LINE PROJECT

PUBLIC PARTICIPATION MEETING

TUESDAY July 18, 2017

4:00 pm – 8:00 pm SNYDER HIGH SCHOOL

CAFETERIA 3801 AUSTIN AVE

SNYDER, TEXAS 79549

Welcome and thank you for taking the time to attend this Public Participation Meeting for the proposed Cogdell to Clairemont 138 kV transmission line project (Proposed Transmission Line Project). In order for Oncor Electric Delivery Company LLC (Oncor) and Brazos Electric Power Cooperative, Inc. (Brazos Electric) to continue to provide safe and reliable electric service in this area, a new transmission line must be constructed. The new transmission line will be constructed to connect the existing Oncor Cogdell Substation located in Scurry County, approximately 15.5 miles northeast of Snyder, Texas, east of Farm-to-Market Road 1231, and the existing Brazos Electric Clairemont Substation located in Kent County approximately seven miles northwest of Clairemont, Texas (a distance of approximately 18 miles). The Proposed Transmission Line Project is currently planned for completion in May 2019. The purpose of this Public Participation Meeting is to present information, receive your ideas and comments, and answer your questions about the Proposed Transmission Line Project. The questions and answers below provide general information about the project. You will notice that there are several subject matter stations with associated exhibits around the room. Oncor and Brazos Electric representatives, as well as representatives from firms contracted by Oncor, AECOM and JS Land Services, Inc. (JS Land Services), are located at each station and can provide answers to specific questions about the Proposed Transmission Line Project. We encourage you to take advantage of this opportunity to talk with the various representatives of Oncor, Brazos Electric, our routing and environmental consultant AECOM, and our property ownership abstractor JS Land Services. Oncor, Brazos Electric, and contractor representatives can provide information concerning particular areas of expertise as they

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relate to the proposed project. The stations are arranged in a particular order that will, if visited in order, give a better understanding of the Proposed Transmission Line Project. Please spend as much time as you need at each station to have your questions answered or address any issues you may have. Since this is an informal public participation, come-and-go type meeting, there may be times when one particular exhibit is crowded. Please bear with us and we will make every attempt to answer any questions you may have in as timely a manner as possible. Who is Oncor?

Oncor is an electric utility regulated by the Public Utility Commission of Texas (PUC). Oncor constructs, owns, and operates the conductors or “wires” that move electric power between points of the electric transmission and distribution system, connecting electric power producers with electric power consumers. Oncor does not own power plants or buy or sell electric power. TXU Energy and Luminant are not the same company as Oncor.

Who is Brazos Electric?

Brazos Electric, with more than 3,100 miles of transmission line and 385 substations/ delivery points, is the oldest and largest not-for-profit generation and transmission electric cooperative in Texas, and the state’s sixth largest transmission provider. Brazos Electric is owned by 16 member cooperatives and regulated by the Public Utility Commission of Texas. Brazos Electric constructs, owns, and operates the conductors or “wires” that move electric power between points on Brazos Electric’s electric transmission system that serve 68 counties within the State of Texas.

What does the transmission system do? The State of Texas’ electric system is a network of power generation facilities, transmission lines, switching stations and substations, and distribution lines designed to provide reliable electric service to retail customers. Transmission lines carry, or transport, electricity from power generation facilities at a high voltage to substations where electricity is converted to a lower voltage that the distribution lines carry to residences and businesses.

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For Oncor and Brazos Electric to continue to provide reliable electric service, they must work with other utilities and state organizations to ensure that the electric transmission network is designed so that the temporary loss of a power generation facility, a substation, or a transmission line will not result in a major electric outage. For example, without appropriate planning and subsequent system improvements, damage to a single transmission line due to weather or equipment failure could result in significant disruptions in the delivery of electricity.

Why must a new transmission line be constructed in this area?

Ongoing assessment of the existing 138 kV facilities serving Kent and Scurry Counties has identified the need for improvements in this region. Currently, the electricity needs for the area south of the City of Spur are served by the 26-mile 138 kV line that extends from the Brazos Electric Salt Creek Switching Station to the Brazos Electric Scurry Switching Station in Scurry County, and the 17-mile 138 kV line that extends from the Brazos Electric Salt Creek Switching Station to the Brazos Electric Spur Switching Station in Kent County. These transmission lines receive electricity sources from the Oncor Sun Switching station – Brazos Electric Scurry Switching Station 138 kV Line and the Brazos Electric Aspermont Switching Station – Spur Switching Station 138 kV Line. Simultaneous outages along these transmission lines result in the remaining lines in the area being unable to maintain adequate operating conditions. Due to the high exposure of the transmission system in this area, taking these lines out of service for planned transmission system maintenance is prohibitive. Construction of the proposed Oncor Cogdell – Brazos Electric Clairemont 138 kV Line will strengthen the transmission system in order to improve reliability to existing customers, as well as allow for planned outages for system maintenance and other activities. In addition to these improvements, the new line will improve reliability to the Oncor Cogdell and the Brazos Electric Clairemont Substations by providing two-way transmission service to each of these substations. Currently the Oncor Cogdell Substation is served by a 9-mile 69 kV Line that extends from the Oncor Ennis Creek Switching Station in Scurry County, and the Brazos Electric

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Clairemont Substation is served by a 20-mile 69 kV Line that extends from the Brazos Electric Spur - Aspermont 69 kV Line. If either of these lines were to go out of service, the customers served by that line would be without electricity until the cause of the service interruption is corrected. Construction of the proposed Oncor Cogdell – Brazos Electric Clairemont 138 kV Line will connect these two transmission lines, and, if needed, provide faster restoration of electric service to these customers.

What is the approximate location of the proposed transmission line?

The approximate locations of proposed alternative transmission line routes are shown on the attached location map (Exhibit 1).

How long will the transmission line be?

The transmission line will be approximately 18 miles long depending on the routing that is ultimately approved, or “certificated,” by the PUC.

What type of transmission structure will be used?

Different transmission structure types to satisfy specific project requirements such as transmission line voltage, double or single circuit, cost, physical location, and characteristics of the surrounding land area were considered. For the Proposed Transmission Line Project, a self-supporting, double-circuit monopole structure (concrete or steel, or a combination of the two) will be used. One circuit will initially be installed on this double-circuit monopole. A drawing of this Double Circuit 138 kV Monopole Structure is attached (Exhibit 2).

Who will benefit from the new transmission line?

The completion of this transmission line project will provide benefits to all participants in the Texas electric market, including end-use consumers of electricity in the Kent and Scurry County areas. The proposed enhancements will improve the electric system to continue the reliable electric service consumers have come to expect from Oncor and Brazos Electric.

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Will environmental studies be conducted to determine the impact of the project?

Yes. AECOM, an environmental consulting and engineering firm in Austin and Dallas with environmental expertise, is preparing an Environmental Assessment and Alternative Route Analysis to support an Application for a Certificate of Convenience and Necessity (CCN) from the PUC. The Environmental Assessment and Alternative Route Analysis will include a compilation of the impacts of the alternative transmission line routes to the existing environment and land uses.

How will property owners or other interested persons find out information regarding the status of the Oncor and Brazos Electric project and the results of the certification process?

There are several ways members of the public may: (1) be made aware of Oncor’s and Brazos Electric’s filing of its CCN application at the PUC; (2) participate or provide comment in the certification process; (3) monitor the proceeding as it progresses; and (4) determine the results of the PUC’s action regarding the Proposed Transmission Line Project. First, a formal notice will be provided (via first class mail) to any property owner whose land will be crossed by any alternative route for the Proposed Transmission Line Project filed by Oncor and Brazos Electric as part of the formal application for approval to construct the project. In addition, a formal notice will be provided (via first class mail) to any property owner who has a habitable structure within 300 feet of the centerline of any of the proposed alternative routes. Property ownership for this notice is determined by research of the appropriate county tax appraisal district records. Second, public notice will be provided in newspapers of general circulation within the appropriate counties during the week following the filing of the Oncor and Brazos Electric CCN application at the PUC. Information about the Oncor and Brazos Electric application, and its proceedings at the PUC, can be obtained on the PUC's online filings

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interchange. The PUC website provides free access to documents that are officially filed with the PUC in Central Records. The docket number (also called a control number on the PUC website) of a case is a key piece of information used in locating documents in the case. You may access the Interchange by visiting the PUC’s website home page at www.puc.state.tx.us. One way to become involved in a case before the PUC is as an "intervenor." An intervenor is a person who, upon showing a justifiable interest, is permitted to become a party to the proceeding. Intervenors are full participants in the proceeding and can make legal arguments, conduct discovery, file testimony, cross-examine witnesses, and are themselves, if they testify, subject to cross-examination by the other parties in the case. For more information and rules about participating as an intervenor, visit the PUC’s website at: http://www.puc.texas.gov/agency/rulesnlaws/Participate.aspx If you do not wish to be a full participant in this proceeding, you may become a "protestor." Protestors are not parties to the case and may not conduct discovery, cross-examine witnesses or present a direct case. Protestors may, however, make a written or verbal statement for the record in support of or in opposition to the application and give information to the PUC staff that they believe may be helpful. If you intend to be a protestor, you can either send written comments stating your position regarding the application, or if the docket progresses to a hearing, a statement of protest can be made on the first day of hearing, as allowed. Although public comments are not sworn and therefore not treated as evidence, they help inform the PUC and its staff of the public concerns and to identify issues to be explored. The PUC welcomes such participation in its proceedings.

Finally, if a route for the Proposed Transmission Line Project is approved by the PUC, a notice (via first class mail) will be sent to the property owners who were provided formal notice of the filing of Oncor’s and Brazos Electric’s CCN application at the PUC indicating the issuance of a Final Order by the PUC and that their property is either affected by the approved routing, or that their property is no longer affected by the Proposed Transmission Line Project.

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When will construction of the proposed transmission line begin?

Before construction can begin, Oncor and Brazos Electric must seek and receive approval from the PUC. This process, along with typical time frames for each step of the process, is provided in the attached Licensing Process for New Transmission Facilities. Based on an in-service date of 2019, we would anticipate that construction will begin as early as 2018.

If I have additional questions following this meeting, who should I contact?

Additional information concerning this and other Oncor or Brazos Electric transmission line projects can be obtained at the following websites: http://www.oncor.com/transmissionprojects http://brazosshare.brazoselectric.com You may also contact Mr. Jeremy McConnell at (214) 486-7335 or email at transmissionprojects@oncor.com.

Thank you again for attending this public participation meeting!

PRELIMINARY

CR 316

CR 409

CogdellSubstation

ClairemontSubstation

Kent CountyScurry County

Salt Creek

Little Rough Creek

Maverick Creek

Fourmile Cree

k

McKenz

ie Cree

k

Sand Creek

Double MountainFork Brazos River

Coop

er Cr

eek

South Sage Creek

T-O Creek

CR 342

CR 31

7

CR 413

CR 40

9

CR 35

0FM

1142 CR

316

208

380

Exhibit 1Project Location Map

Cogdell to Clairemont 138 kV Transmission Line Project

July 2017

AECOM9400 Amberglen Blvd.Austin, Texas 78729512-454-4797

Legend

Preliminary Route SegmentStudy Area BoundaryExisting Substation

Road/Highway

0 12,0006,000Feet

Exhibit 2Typical 138 kV Tangent Double-Circuit Monopole

Cogdell to Clairemont 138 kVTransmission Line Project

July 2017

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Cogdell – Clairemont 138 kV Transmission Line Project Public Participation Meeting

TUESDAY

JULY 18, 2017 4:00 pm – 8:00 pm

SNYDER HIGH SCHOOL CAFETERIA

3801 AUSTIN AVE SNYDER, TEXAS 79549

1. In your opinion, has the need for the project been adequately explained to you? Yes _____ No _____ (How could we have improved this effort?)

____________________________________________________________ ____________________________________________________________ ____________________________________________________________

2. Were the exhibits and explanations of the Need for the Project helpful to you? Yes _____ No _____

____________________________________________________________ ____________________________________________________________

3. Do you believe that the information presented was helpful for your

understanding of the project? Yes _____ No _____ 4. The Public Utility Commission of Texas requires that several factors be considered when routing an electric transmission line, including:

• Proximity to single-family and multi-family dwellings and related structures, mobile homes, apartment buildings, commercial structures, industrial structures, business structures, churches, hospitals, nursing homes, and schools

• Proximity to commercial radio transmitters, microwave relay stations or other electronic installations

• Proximity to parks and recreational areas • Proximity to FAA-registered airports, private airstrips, and heliports • Proximity to historical or archeological sites • Agricultural areas irrigated by traveling irrigation systems • Environmentally sensitive areas • Protected or endangered species

AECOM has plotted all of these features that we know about on the Environmental and Land Use Constraints Map. To your knowledge, are those features shown on the map accurately plotted? Yes___ No___

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Are you aware of any of these features that are not presently shown or are incorrectly located on the map? Yes___ No___

If so, would you please help us identify the approximate location of any missing or incorrectly located features on the Environmental and Land Use Constraints Map? ____________________________________________ ___________________________________________________________ ___________________________________________________________

5. The routing of a transmission line includes consideration of land use factors

including the following: Please rank the following factors in order of importance to you. Indicate the most important factor with a number 1, the second most important with a number 2, and so on.

_____ a) Minimize the overall length of the line _____ b) Minimize the length across cultivated land _____ c) Minimize the length across pasture land _____ d) Minimize the length across road frontage _____ e) Minimize the length across residential areas _____ f) Minimize the length along wooded areas _____ g) Minimize the visibility of the line _____ h) Other (please specify) ____________________________________________ ____________________________________________ 6. The routing of a transmission line also includes consideration of paralleling

and/or utilizing existing corridors (e.g., existing transmission line and roadway corridors). Please rank the following existing corridors that are found within the project study area that you would prefer the new transmission line to parallel and/or use: Indicate your first preference with the number 1, your second preference with the number 2, and so on.

_____ a) Maximize the distance along existing transmission

line corridors _____ b) Maximize the distance along existing pipeline

corridors _____ c) Maximize the distance along existing roadway

corridors _____ d) Maximize the distance along existing railroad

corridors _____ e) Maximize the distance along existing property boundaries _____ f) Other (please specify) ____________________________________________ ____________________________________________ 7. The routing of a transmission line also includes consideration of the distance to

habitable structures and community values/resources. Please rank the following

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habitable structures and community values/resources that you would prefer to maximize the distance from the proposed transmission line: Indicate your first preference with the number 1, your second preference with the number 2, and so on.

_____ a) Maximize the distance from residences, including

single-family and multi-family dwellings _____ b) Maximize the distance from commercial,

industrial, and/or business structures _____ c) Maximize the distance from churches _____ d) Maximize the distance from hospitals _____ e) Maximize the distance from nursing homes _____ f) Maximize the distance from schools _____ g) Maximize the distance from parks/recreational areas _____ h) Maximize the distance from historical and

archeological sites _____ i) Other (please specify) ____________________________________________ ____________________________________________

____________________________________________ In your opinion, are there any other factors or features that should be considered in determining the location of the proposed transmission line? Yes _____ No _____ If so, would you please list them in the space below?

____________________________________________________________ ____________________________________________________________ ____________________________________________________________ ____________________________________________________________ ____________________________________________________________

8. How did you learn about this public participation meeting?

____________________________________________________________ ____________________________________________________________ ____________________________________________________________

9. Which of the following applies to your situation? _____ a) Alternative line route is near my home _____ b) Alternative line route is near my business _____ c) Alternative line route is on my land _____ d) Other please specify __________________________

____________________________________________________________ ____________________________________________________________

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10. If you would like, please enter your name and address below.

Name _________________________ Address _________________________ City/State _________________________ Zip__________ 11. Do you have any general remarks or comments?

____________________________________________________________ ____________________________________________________________ ____________________________________________________________ ____________________________________________________________ ____________________________________________________________ ____________________________________________________________ ____________________________________________________________ ____________________________________________________________ ____________________________________________________________ ____________________________________________________________ ____________________________________________________________ ____________________________________________________________ ____________________________________________________________ ____________________________________________________________ ____________________________________________________________ ____________________________________________________________ ____________________________________________________________ ____________________________________________________________ ____________________________________________________________ ____________________________________________________________ ____________________________________________________________ ____________________________________________________________ ____________________________________________________________ ____________________________________________________________ ____________________________________________________________ ____________________________________________________________ ____________________________________________________________ ____________________________________________________________ ____________________________________________________________ ____________________________________________________________ ____________________________________________________________ ____________________________________________________________ ____________________________________________________________ ____________________________________________________________ ____________________________________________________________ ____________________________________________________________ ____________________________________________________________ ____________________________________________________________ ____________________________________________________________ ____________________________________________________________

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____________________________________________________________ ____________________________________________________________ ____________________________________________________________ ____________________________________________________________ ____________________________________________________________ ____________________________________________________________ ____________________________________________________________ ____________________________________________________________ ____________________________________________________________ ____________________________________________________________ ____________________________________________________________ ____________________________________________________________

Thank you for your comments.

 

Licensing Process for New Transmission Facilities

Texas Utilities Code The governance of the licensing process for new transmission facilities is included within the Texas Utilities Code, Title II – Public Utilities Regulatory Act, Section 37.056.

Sec 37.056 GRANT OR DENIAL OF CERTIFICATE

(a) The commission may approve applications and grant a certificate only if the

commission finds that the certificate is necessary for the service, accommodation, convenience, or safety of the public.

(b) The commission may: (1) issue the certificate as requested; (2) grant the certificate for the construction of a portion of the requested system,

facility, or extension or the partial exercise of the requested right or privilege; or (3) refuse to grant the certificate.

(c) The commission shall grant each certificate on a nondiscriminatory basis after

considering; (1) the adequacy of existing service; (2) the need for additional service; (3) the effect of granting the certificate on the recipient of the certificate and on any

electric utility serving the proximate area; and (4) other factors, such as;

(A) community values; (B) recreational and park areas; (C) historical and aesthetic values; (D) environmental integrity; and (E) the probable improvement of service or lowering of cost to consumers

in the area if the certificate is granted.

If you have additional questions or would like additional information, you may contact the Public Utility Commission of Texas at P.O. Box 13326, Austin, Texas 78711-3326, or call the Public Utility Commission at (512) 936-7120, or (888) 782-8477. Hearing impaired and speech-impaired individuals with text telephones may contact the commission at (512) 936-7136.

09/2011

THE STATE OF TEXAS

LANDOWNER’S BILL OF RIGHTS

PREPARED BY THE

OFFICE OF THE ATTORNEY GENERAL OF TEXAS

1. You are entitled to receive adequate compensation if your property is taken for a public use.

2. Your property can only be taken for a public use.

3. Your property can only be taken by a governmental entity or private entity authorized by law to do so.

4. The entity that wants to take your property must notify you that it wants to take your property.

5. The entity proposing to take your property must provide you with a written appraisal from a certified appraiser detailing the adequate compensation you are owed for your property.

6. The entity proposing to take your property must make a bona fide offer to buy the property before it files a lawsuit to condemn the property – which means the condemning entity must make a good faith offer that conforms with Chapter 21 of the Texas Property Code.

7. You may hire an appraiser or other professional to

determine the value of your property or to assist you in any condemnation proceeding.

8. You may hire an attorney to negotiate with the condemning entity and to represent you in any legal proceedings involving the condemnation.

9. Before your property is condemned, you are entitled to a hearing before a court appointed panel that includes three special commissioners. The special commissioners must determine the amount of compensation the condemning entity owes for the taking of your property. The commissioners must also determine what compensation, if any, you are entitled to receive for any reduction in value of your remaining property.

10. If you are unsatisfied with the compensation awarded by the special commissioners, or if you question whether the taking of your property was proper, you have the right to a trial by a judge or jury. If you are dissatisfied with the trial court’s judgment, you may appeal that decision.

This Landowner’s Bill of Rights applies to any attempt by the government or a private entity to take your property. The contents of this Bill of Rights are prescribed by the Texas Legislature in Texas Government Code Sec. 402.031 and Chapter 21 of the Texas Property Code.

CONDEMNATION PROCEDUREEminent domain is the legal authority that certain entities are granted that allows those entities to take private property for a public use. Private property can include land and certain improvements that are on that property.

Private property may only be taken by a governmental entity or private entity that is authorized by law to do so. Your property may be taken only for a public purpose. That means it can only be taken for a purpose or use that serves the general public. Texas law prohibits condemnation authorities from taking your property to enhance tax revenues or foster economic development.

Your property cannot be taken without adequate compensation. Adequate compensation includes the market value of the property being taken. It may also include certain damages if your remaining property’s market value is diminished by the acquisition itself or by the way the condemning entity will use the property.

STATE OF TEXAS LANDOWNER’S BILL OF RIGHTS

HOW THE TAKING PROCESS BEGINSThe taking of private property by eminent domain must follow certain procedures. First, the entity that wants to condemn your property must provide you a copy of this Landowner’s Bill of Rights before - or at the same time - the entity first represents to you that it possesses eminent domain authority.

Second, if it has not been previously provided, the condemning entity must send this Landowner’s Bill of Rights to the last known address of the person who is listed as the property owner on the most recent tax roll. This requirement stipulates that the Landowner’s Bill of Rights must be provided to the property owner at least seven days before the entity makes a final offer to acquire the property.

Third, the condemning entity must make a bona fide offer to purchase the property. The requirements for a bona fide offer are contained in Chapter 21 of the Texas Property Code. At the time a purchase offer is made, the condemning entity must disclose any appraisal reports it produced or acquired that relate specifically to the property and were prepared in the ten years preceding the date of the purchase offer. You have the right to discuss the offer with others and to either accept or reject the offer made by the condemning entity.

CONDEMNATION PROCEEDINGSIf you and the condemning entity do not agree on the value of your property, the entity may begin condemnation proceedings. Condemnation is the legal process that eligible entities utilize to take private property. It begins with a condemning entity filing a claim for your property in court. If you live in a county where part of the property being condemned is located, the claim must be filed in that county. Otherwise, the condemnation claim can be filed in any county where at least part of the property being condemned is located. The claim must describe the property being condemned, state with specificity the public use, state the name of the landowner, state that the landowner and the condemning entity were unable to agree on the value of the property, state that the condemning entity provided the landowner with the Landowner’s Bill of Rights, and state that the condemning entity made a bona fide offer to acquire the property from the property owner voluntarily.

SPECIAL COMMISSIONERS’ HEARINGAfter the condemning entity files a condemnation claim in court, the judge will appoint three local landowners to serve as special commissioners. The judge will give you a reasonable period to strike one of the special commissioners. If a commissioner is struck, the judge will appoint a replacement. These special commissioners must live in the county where the condemnation proceeding is filed, and they must take an oath to assess the amount of adequate compensation fairly, impartially, and according to the law. The special commissioners are not legally authorized to decide whether the condemnation is necessary or if the public use is proper. Their role is limited to assessing adequate compensation for you. After being appointed, the special commissioners must schedule a hearing at the earliest practical time and place. The special commissioners are also required to give you written notice of the condemnation hearing.

You are required to provide the condemning entity any appraisal reports that were used to determine your claim about adequate compensation for the condemned property. Under a new law enacted in 2011, landowners’ appraisal reports must be provided to the condemning entity either ten days after the landowner receives the report or three business days before the special commissioners’ hearing - whichever is earlier. You may hire an appraiser or real estate professional to help you determine the value of your private property. Additionally, you can hire an attorney to represent you during condemnation proceedings.

At the condemnation hearing, the special commissioners will consider your evidence on the value of your condemned property, the damages to remaining property, any value added to the remaining property as a result of the condemnation, and the condemning entity’s proposed use of your condemned property.

SPECIAL COMMISSIONERS’ AWARDAfter hearing evidence from all interested parties, the special commissioners will determine the amount of money that you should be awarded to adequately compensate you for your property. The special commissioners’ decision is significant to you not only because it determines the amount that qualifies as adequate compensation, but also because it impacts who pays for the cost of the condemnation proceedings. Under the Texas Property Code, if the special commissioners’ award is less than or equal to the amount the condemning entity offered to pay before the proceedings began, then you may be financially responsible for the cost of the condemnation proceedings. However, if the special commissioners’ award is more than the condemning entity offered to pay before the proceedings began, then the condemning entity will be responsible for the costs associated with the proceedings.

The special commissioners are required to provide the court that appointed them a written decision. That decision is called the “Award.” The Award must be filed with the court and the court must send written notice of the Award to all parties. After the Award is filed, the condemning entity may take possession of the property being condemned, even if either party appeals the Award of the special commissioners. To take possession of the property, the condemning entity must either pay the amount of the Award or deposit the amount of the Award into the court’s registry. You have the right to withdraw funds that are deposited into the registry of the court.

OBJECTION TO THE SPECIAL COMMISSIONERS’ AWARDIf either the landowner or the condemning entity is dissatisfied with the amount of the Award, either party can formally object to the Award. In order to successfully make this valuation objection, it must be filed in writing with the court. If neither party timely objects to the special commissioners’ Award, the court will adopt the Award as the final judgment of the court.

If a party timely objects to the special commissioners’ Award, the court will hear the case in the same manner that other civil cases are heard. Landowners who object to the Award and ask the court to hear the matter have the right to a trial and can elect whether to have the case decided by a judge or jury. The allocation of any trial costs is decided in the same manner that costs are allocated with the special commissioners’ Award. After trial, either party may appeal any judgment entered by the court.

DISMISSAL OF THE CONDEMNATION ACTIONA condemning entity may file a motion to dismiss the condemnation proceeding if it decides it no longer needs your condemned property. If the court grants the motion to dismiss, the case is over and you are entitled to recover reasonable and necessary fees for attorneys, appraisers, photographers, and for other expenses incurred to the date of the hearing on the motion to dismiss.

If you wish to challenge the condemning entity’s authority to take your property, you can lodge that challenge by filing a motion to dismiss the condemnation proceeding. Such a motion to dismiss would allege that the condemning entity did not have the right to condemn your property. For example, a landowner could challenge the condemning entity’s claim that it seeks to take the property for a public use. If the court grants the landowner’s motion, the court may award the landowner reasonable and necessary fees for attorneys, appraisers, photographers, and for other expenses incurred to the date of the hearing or judgment.

RELOCATION COSTSIf you are displaced from your residence or place of business, you may be entitled to reimbursement for reasonable expenses incurred while moving personal property from the residence or relocating the business to a new site. However, during condemnation proceedings, reimbursement for relocation costs may not be available if those costs are separately recoverable under another law. Texas law limits the total amount of available relocation costs to the market value of the property being moved. Further, the law provides that moving costs are limited to the amount that a move would cost if it were within 50 miles.

RECLAMATION OPTIONSIf private property was condemned by a governmental entity, and the public use for which the property was acquired is canceled before that property is used for that public purpose, no actual progress is made toward the public use within ten years or the property becomes unnecessary for public use within ten years, landowners may have the right to repurchase the property for the price paid to the owner by the entity at the time the entity acquired the property through eminent domain.

DISCLAIMERThe information in this statement is intended to be a summary of the applicable portions of Texas state law as required by HB 1495, enacted by the 80th Texas Legislature, Regular Session. This statement is not legal advice and is not a substitute for legal counsel.

ADDITIONAL RESOURCES Further information regarding the procedures, timelines and requirements outlined in this document can be found in Chapter 21 of the Texas Property Code.

REV 03/12