Texas House Bill HB4154

Texas 2019 - 86th Regular

Caption

Relating to the possession of condemned property by the condemnor pending the results of further litigation.

Impact

One of the significant changes introduced by HB 4154 is the provision that a condemnor can only take possession of property after the 180th day following a commissioners' award unless an agreement allows for earlier possession. This amendment aims to protect property owners by providing them with an extended timeframe before the condemnor can assume control of the property. Additionally, it ensures that property owners have adequate time to challenge the condemnation if they choose to do so.

Summary

House Bill 4154 pertains to the possession of condemned property by the condemnor while awaiting the outcome of further litigation. This act modifies the Texas Property Code, specifically addressing the conditions under which a condemnor may take possession of property following a special commissioners' award. The bill allows the condemnor to take possession if certain financial obligations are met promptly, ensuring that property owners receive their awards in a timely manner, or if an agreement is reached with the property owner and approved by the court.

Contention

The bill has sparked debate regarding the balance between the rights of property owners and the needs of condemning authorities, such as state or municipal entities. Critics may argue that while the bill protects property owners, it could also introduce delays in public projects that require expedited possession of property. Proponents, on the other hand, emphasize the importance of safeguarding property owners' rights during condemnation proceedings, ensuring fair treatment throughout the legal process.