Texas House Bill HB902

Texas 2021 - 87th Regular

Caption

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.

Impact

One of the significant implications of HB902 is its effort to formalize and enhance the protection of landowners' rights during property acquisitions. By requiring entities with eminent domain authority to detail the landowner's bill of rights, it improves transparency in transactions. Moreover, the bill implements educational requirements for individuals seeking certification as easement or right-of-way agents, thereby ensuring that those involved in property negotiations understand eminent domain law and professional conduct standards, which could lead to fairer practices in property transactions.

Summary

House Bill 902 addresses the acquisition of real property by governmental or private entities using eminent domain authority. It stipulates the establishment of an ombudsman office within the Attorney General's office to assist landowners and outlines the rights of property owners facing acquisition of their property through eminent domain. The bill mandates that landowners receive a clear statement of their rights and the acquisition processes involved, which is intended to protect property owners from potential overreach and to clarify the procedures in eminent domain cases.

Contention

Notable points of contention surrounding HB902 include debates over the balance of power between governmental entities and individual property owners. Supporters argue that the bill is crucial for safeguarding landowner rights, ensuring that property loss is justified and that individuals are adequately compensated. Critics, however, may express concerns that increased regulations and fees tied to the occupational licensing could balloon costs for governmental and private entities, potentially hindering vital infrastructure projects. Additionally, the effectiveness of the ombudsman office remains a focal point of discussion, with apprehension regarding its capacity to address the needs of property owners effectively.