Texas Senate Bill SB724

Texas 2021 - 87th Regular

Caption

Relating to the award of attorney's fees and other costs in an eminent domain proceeding.

Impact

If enacted, SB724 will have significant implications for state laws governing eminent domain. It will provide enhanced protections for property owners by incentivizing condoners to make fair initial offers on property acquisitions. Moreover, the law will potentially deter unjust property seizure tactics by ensuring that property owners are not solely financially burdened when contesting inadequate compensation offers.

Summary

SB724 seeks to amend the Texas Property Code regarding the award of attorney's fees and costs in eminent domain proceedings. Specifically, it proposes that if the compensation awarded by special commissioners is at least 20% greater than an offer made by the condemnor, the condemnor shall cover the property owner's legal fees and related costs. This legislative change aims to strengthen the financial position of property owners faced with eminent domain actions by ensuring that they can recover costs associated with legal disputes over property valuations.

Contention

Potential points of contention surrounding SB724 may include discussions on whether the proposed financial relief for property owners might lead to increased costs for taxpayers in eminent domain cases. Some stakeholders could argue that these changes might discourage necessary development projects if public entities perceive a higher financial risk. Conversely, advocates for property rights might strongly support SB724, viewing it as a necessary safeguard against potential exploitation of landowners and ensuring fair compensation standards.