Texas House Bill HB279

Texas 2011 - 82nd Regular

• Filed: 11/15/10
• Introduced: 11/15/10
• Refer: 2/15/11

Caption

Relating to the use of eminent domain authority.

Impact

The implications of HB 279 are significant for state laws governing property acquisition processes. It establishes clearer guidelines that reinforce the rights of property owners against potential overreach by governmental entities. The bill sets forth provisions that allow former property owners the right to repurchase their property if it has not been utilized in the ten years following its condemnation. It mandates that governmental authorities provide comprehensive disclosures of their intents, making the eminent domain process more transparent and equitable for property owners.

Summary

House Bill 279 seeks to amend the use of eminent domain authority within the state of Texas, introducing stricter limitations on when and how governmental entities may acquire private property. The bill emphasizes that eminent domain must not be employed if it primarily benefits a private party or exists under the guise of public use. It delineates specific conditions under which properties may not be taken for economic development purposes unless they align with community needs in development or urban renewal contexts.

Sentiment

General sentiment on HB 279 appears to lean towards protecting individual property rights, as it addresses ongoing concerns about the misuse of eminent domain by governmental bodies. Advocates for the bill express positive sentiment, celebrating it as a necessary reform aimed at safeguarding property owners against arbitrary actions. However, there are contrasting views among some entities that utilize eminent domain for essential public projects. Critics argue that the restrictions introduced could hinder necessary developments in infrastructure and public services.

Contention

Notable points of contention center around the balance of power between private property rights and public needs. Supporters of the bill argue that it prevents unjust property seizures, while opponents caution that the bill could impede economic development initiatives. The tension lies in reconciling the protection of individual property rights with the demands of community development, indicating a broader debate regarding governmental authority and individual freedoms in Texas.