Texas Senate Bill SB1842

Texas 2021 - 87th Regular

Caption

Relating to the possession of property to be acquired by eminent domain during pending litigation in a condemnation proceeding.

Impact

The legislation's amendments create a structured framework under which possessory rights can be exercised by a condemnor while managing potential disputes that arise during litigation. It seeks to balance the rights of property owners and the operational needs of governmental and corporate condemners. By allowing for the immediate possession of property post-payment or deposit of awarded damages, but only under certain conditions, the bill aims to facilitate efficient development and use of property while ensuring property owners receive appropriate compensation.

Summary

SB1842 focuses on the possession of property to be acquired through eminent domain during ongoing litigation in condemnation proceedings. The bill amends existing provisions within Texas Property Code related to when a condemnor can take possession of condemned property. Specifically, it stipulates that possession can only be granted not earlier than 180 days after the award by special commissioners, unless specific circumstances apply as outlined in the newly added provisions. The intent of this legislation is to clarify and potentially expedite the process of property acquisition while still safeguarding the interests of property owners.

Contention

There are notable points of contention surrounding the bill, primarily focusing on the implications for property owners' rights. Proponents argue that the bill will streamline processes beneficial for development projects, thereby potentially enhancing economic growth. Conversely, critics voice concerns about the potential for abuse of eminent domain powers, suggesting that this could disproportionately favor governmental and corporate interests at the expense of property owners. This tension highlights the ongoing debate over property rights vs. the need for development and infrastructure improvement.