Texas 2019 - 86th Regular

Texas Senate Bill SB421

Caption

Relating to the acquisition of real property by an entity with eminent domain authority.

Impact

The implications of SB421 are significant for both governmental and private entities seeking to utilize eminent domain. It introduces clearer standards for how private organizations should interact with property owners when acquiring land, ensuring transparency and accountability in the acquisition process. The procedures laid out in the bill aim to prevent arbitrary or unfair valuation of property, potentially reducing conflicts between landowners and companies involved in property acquisitions for projects like pipelines and electric transmission lines.

Summary

Senate Bill 421 focuses on the processes surrounding the acquisition of real property by entities endowed with eminent domain authority. The bill outlines a structure for private entities, which may include for-profit organizations, to acquire land for public use while ensuring that property owners' rights are recognized and protected. Established procedures include requirements for making bona fide offers to property owners, which must reflect fair market value and provide proper disclosures. The bill aims to regulate how private entities exercise their eminent domain powers in an effort to protect landowners from potential abuse while facilitating necessary public infrastructure projects.

Sentiment

Sentiment towards SB421 has been mixed. Proponents argue that it is a necessary step toward enhancing the fairness of eminent domain practices, improving protections for landowners, and mitigating contentious disputes that can arise when private entities seek to acquire property. However, there are concerns among some property rights advocates who fear that despite the bill's intent to provide protections, the balance may still favor project developers over individual landowners. The bill's provisions will likely be the subject of ongoing debate, particularly among stakeholders focused on land use and rights.

Contention

One notable point of contention regarding SB421 is the debate over the extent to which private entities should wield eminent domain powers. Some critics argue that allowing for-profit companies to use eminent domain can lead to exploitation of landowners and unjust compensation practices. Furthermore, specific arguments have emerged regarding the requirement for “bona fide offers” that reflect market value; stakeholders express differing views on how effectively this can be enforced, raising questions about its practical implementation. The upcoming discussions and potential revisions of relevant sections will likely reflect these ongoing concerns.

Companion Bills

TX HB991

Same As Relating to the acquisition of real property by an entity with eminent domain authority.

Previously Filed As

TX SB1513

Relating to certain requirements in connection with the acquisition of real property for public use by an entity with eminent domain authority.

TX HB4760

Relating to the state's ability to exercise eminent domain on private property.

TX HB376

Relating to a landowner's bill of rights statement in connection with the acquisition of real property through eminent domain.

TX HB3601

Relating to a bona fide offer for the acquisition of real property through condemnation.

TX SB2311

Relating to a bona fide offer for the acquisition of real property through condemnation.

TX SB1512

Relating to the failure to disclose certain appraisal reports by an entity with eminent domain authority in connection with an offer to acquire real property.

TX HB3470

Relating to the authority of the attorney general to acquire by eminent domain certain real property owned by aliens or foreign entities.

TX SB1441

Relating to the authority of the attorney general to acquire by eminent domain certain real property owned by aliens or foreign entities.

TX HB124

Relating to the purchase of or acquisition of title to real property by certain aliens or foreign entities.

TX HB50

Relating to the purchase of or acquisition of title to real property by certain aliens or foreign entities.

Similar Bills

TX HB5245

Relating to the acquisition of real property by a private entity with eminent domain authority.

TX SB986

Relating to the acquisition of real property by an entity with eminent domain authority.

TX HB2730

Relating to the acquisition of real property by an entity with eminent domain authority and the regulation of easement or right-of-way agents.

TX HB991

Relating to the acquisition of real property by an entity with eminent domain authority.

TX HB902

Relating to the acquisition of real property by an entity with eminent domain authority; requiring an occupational license; authorizing a fee; providing a civil penalty; imposing a criminal penalty.

TX HB901

Relating to the acquisition of real property by an entity with eminent domain authority.

TX HB2684

Relating to the acquisition of property by an entity with eminent domain authority; waiving certain sovereign and governmental immunity.

TX HB279

Relating to the use of eminent domain authority.