Texas House Bill HB1245

Texas 2019 - 86th Regular

Caption

Relating to notice of a property owner's rights relating to the examination or survey of property by an entity with eminent domain authority.

Impact

The implications of HB1245 are significant as it reinforces the rights of landowners in Texas and seeks to create more transparent processes when their properties are at risk of being acquired for public use. By amending existing legislation, the bill ensures that property owners are fully informed regarding their rights in scenarios involving surveys or examinations conducted by government entities. This enhancement could potentially lead to greater public awareness and empowerment among landowners, ensuring their interests are better protected.

Summary

House Bill 1245 is aimed at enhancing the protections and rights of property owners when faced with examinations or surveys by entities possessing eminent domain authority. The bill mandates that these entities must clearly communicate the property owner's rights, alongside a detailed description of the condemnation procedures dictated by the relevant property code. Notably, it emphasizes the rights of property owners to refuse permission for entry, negotiate terms, and the obligation of the condemning entity to address any resultant damages from conduct upon the property.

Contention

Despite its protective intentions, there could be areas of contention regarding the implementation of HB1245. Stakeholders may raise concerns about the balance between the rights of individual property owners and the public good associated with expanding infrastructure or public projects. Additionally, the requirement for entities to inform landowners of their rights might introduce delays or create obstacles in necessary examinations, which could be argued to impede timely public project advancements.