Texas 2023 - 88th Regular

Texas House Bill HB3601

Voted on by House
 
Out of Senate Committee
 
Voted on by Senate
 
Governor Action
 
Bill Becomes Law
 

Caption

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

Impact

If enacted, HB 3601 would significantly impact the laws governing property acquisition within Texas. The bill introduces mechanisms that dictate how property owners should be approached with offers, mandating specific information that must be communicated. This is intended to fortify property owners' rights and provide them with comprehensive information about the offers made, highlighting damages to their remaining property and ensuring that the final offer reflects a fair appraisal. Furthermore, this bill applies specifically to the acquisition of properties through condemnation initiated after its enforcement date, thus modernizing the legislative framework concerning eminent domain.

Summary

House Bill 3601 is a legislative measure in Texas aimed at establishing clearer guidelines for the acquisition of real property through condemnation, particularly when entities with eminent domain authority are involved. It amends existing provisions of the Property Code to enhance the process by which property owners are made initial and final offers for their properties. Key aspects emphasized include the requirements for accompanying documentation, such as the landowner's bill of rights, appraisals, and the details of the offer itself. This bill seeks to ensure transparency and fairness in the acquisition process while providing property owners with sufficient information before agreeing to any terms.

Sentiment

The sentiment surrounding HB 3601 appears largely favorable among proponents who advocate for stronger protections for property owners facing condemnation. Supporters argue that it empowers owners by enforcing a structured and transparent offer process that ensures they are well-informed about the evaluations and compensation being provided. However, critical voices raise concerns about the potential implications for entities needing to exercise eminent domain for public purposes. They express worries that the regulations could lead to prolonged negotiation periods and deter essential infrastructure and development projects due to complications in property acquisition.

Contention

Main points of contention revolve around the balance between the rights of property owners and the needs of public entities or private developers who rely on eminent domain for projects. Critics have highlighted the possibility that overly stringent regulations could undermine the effectiveness of eminent domain laws and complicate necessary projects, especially those aimed at enhancing community services and infrastructure. The discussions surrounding HB 3601 reflect a broader debate about property rights and the extent to which government powers should influence individual landownership.

Texas Constitutional Statutes Affected

Property Code

  • Chapter 21. Eminent Domain
    • Section: 0113

Government Code

  • Chapter 402. Attorney General
    • Section: 031

Occupations Code

  • Chapter 1103. Real Estate Appraisers
    • Section: New Section

Companion Bills

TX SB2311

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

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