The bill amends the Uniform Condemnation Procedures Act by revising Section 6, which outlines the process for property owners to challenge the necessity of property acquisition. It allows property owners to file a motion within the prescribed time after a complaint is served, requesting a review of the necessity for acquiring all or part of their property. The hearing for this motion must occur within 30 days, and the court is required to render a decision within 60 days of the hearing. The bill also establishes that the burden of proof lies with the agency to demonstrate that the taking of private property is for public use, with a higher standard of proof required in cases involving blight eradication.

Additionally, the bill modifies the appeal process for court orders regarding public necessity determinations, stating that such orders are only appealable to the court of appeals by leave of that court. If a property owner does not file a motion to review necessity, it is conclusively presumed to exist, waiving their right to further review. The enactment of this bill is contingent upon the passage of related legislation in the 103rd Legislature.

Statutes affected:
House Introduced Bill: 213.56