Texas 2009 - 81st Regular

Texas House Bill HB417

Filed
12/16/08  
Out of Senate Committee
 
Voted on by Senate
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to the acquisition of and compensation for real property, including blighted property, for public purposes through condemnation or certain other means.

Impact

The bill amends several sections of the Local Government Code and establishes stricter requirements regarding the characterization of blight, including the necessity for municipalities to provide proper notification to property owners of any adverse conditions. These conditions must be used to substantiate a determination that a property is blighted. This amendment could provide additional protections to property owners while still allowing municipalities to work toward improved urban environments. The act underscores the public's interest in maintaining health, safety, and community standards in urban areas that might be suffering from deterioration.

Summary

House Bill 417, titled 'Relating to the acquisition of and compensation for real property, including blighted property, for public purposes through condemnation or certain other means', seeks to enact significant changes to how property can be acquired through eminent domain in Texas. The bill specifically addresses the acquisition of blighted properties while ensuring that the associated compensation reflects fair value for the property taken. It empowers municipalities and governmental entities to clear out such problematic areas, encouraging urban renewal through the proper identification, notification, and processes surrounding the acquisition of property deemed to be in a state of decline or blight.

Contention

Notable points of contention surrounding HB 417 include the balance between necessary urban renewal and the rights of property owners. Critics of the bill may argue that while addressing blight is critical, the means of acquiring such properties may unfairly benefit developers at the expense of current residents. The requirement for procedural fairness, including notifications and public hearings, aims to alleviate some of these concerns, but opponents may still feel that these measures don't go far enough to protect individual property rights against the power of the state. Thus, while the bill facilitates an essential function of modern municipal governance, it also raises questions about the ethics of eminent domain and community engagement.

Companion Bills

No companion bills found.

Previously Filed As

TX HB3601

Relating to a bona fide offer for the acquisition of real property through condemnation.

TX SB2311

Relating to a bona fide offer for the acquisition of real property through condemnation.

TX HB124

Relating to the purchase of or acquisition of title to real property by certain aliens or foreign entities.

TX HB50

Relating to the purchase of or acquisition of title to real property by certain aliens or foreign entities.

TX SB51

Relating to the purchase of or acquisition of title to real property by certain aliens or foreign entities.

TX SB38

Relating to the purchase of or acquisition of title to real property by certain aliens or foreign entities.

TX SB147

Relating to the purchase of or acquisition of title to real property by certain aliens or foreign entities.

TX HB4006

Relating to the purchase of or acquisition of title to real property by certain foreign entities.

TX HB2071

Relating to certain public facilities, including public facilities used to provide affordable housing.

TX HB3499

Relating to foreign terrorist organizations, including the acquisition of title to real property by, the compilation of information regarding, certain civil actions brought against, and the prosecution of certain organized crime offenses involving a foreign terrorist organization.

Similar Bills

TX HB138

Relating to the acquisition of and compensation for real property, including blighted property, for public purposes through condemnation or certain other means.

TX HB2106

Relating to the acquisition of real property for public use.

TX HB1389

Relating to the acquisition of real property for public use.

CA AB1607

Los Angeles County Affordable Housing Solutions Agency.

CA SB1445

Mello-Roos Community Facilities Act of 1982.

NJ A1560

Permits county improvement authorities to establish student loan refinancing loan programs.

NJ A2106

Permits county improvement authorities to establish student loan refinancing loan programs.

CA SB696

Enhanced infrastructure financing districts: housing: underutilized or deteriorated retail property: covenants and restrictions: eminent domain.