Texas House Bill HB1506

Texas 2021 - 87th Regular

Caption

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

Impact

The impact of this legislation is significant as it modifies existing laws surrounding property condemnation and eminent domain. Under the new provisions, the time frame for a condemnor to take possession is clearly defined, with specific stipulations that allow for possession to occur after the 180th day from the special commissioners' award, barring immediate contractual agreements approved by a court. By easing the restrictions on possession, the bill could streamline processes for government entities looking to expedite development or renovation projects that require acquiring private properties.

Summary

House Bill 1506 pertains to the possession of condemned property by the condemnor while litigation is pending. This bill allows for the condemnor, which could be a government entity or related authority, to take possession of property immediately after a special commission has made an award in a condemnation proceeding. The bill stipulates specific conditions that must be met by the condemnor before they can proceed with taking possession of the property, such as paying awarded damages or providing a bond to secure payment in case of further litigation results against their initial award.

Contention

While HB1506 aims to facilitate the efficiency of property acquisition for necessary public projects, it raises concerns regarding property rights and the potential for abuse of eminent domain. Critics might argue that the bill tips the balance of power too heavily in favor of government entities, diminishing the protections afforded to property owners during the litigation process. The changes could lead to situations where property owners feel compelled to leave their properties sooner than they would under previous laws, and there may be fears about inadequate compensation for property deemed condemned under expedited processes.