Texas 2023 - 88th Regular

Texas House Bill HB2628

Voted on by House
 
Out of Senate Committee
 
Voted on by Senate
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to the resale price of real property repurchased from a condemning entity by a previous owner or the owner's heirs, successors, or assigns.

Impact

The introduction of HB 2628 is expected to impact existing laws related to property repurchase and condemnation significantly. By establishing clear parameters on resale pricing, the bill aims to prevent unjust losses to property owners who have had their land condemned. Additionally, the provisions in this bill could serve to streamline the repurchase process, ensuring that previous owners have the opportunity to reclaim their property at a fair price dictated by the previous compensation they received. This is particularly relevant in situations where property values may have changed since the original purchase.

Summary

House Bill 2628 addresses the resale price of real property that has been repurchased from a condemning entity by a previous owner or their heirs, successors, or assigns. The bill amends Section 21.103 of the Property Code to ensure that the offer made by the condemning entity reflects the amount that was paid to the owner during the condemnation process, minus certain specified costs and fees. This measure aims to provide clarity and fairness in how repurchased properties are valued and offered back to original owners, potentially increasing their market value after a condemnation.

Sentiment

Overall, the sentiment around HB 2628 appears to be positive, particularly among property rights advocates and affected property owners. Supporters recognize it as a necessary legal adjustment that protects the interests of individuals who lose property through eminent domain. However, there could be concerns from condemning entities regarding the implications of changing rules on property valuation and repayment, as it may affect their procedures and valuation methodologies during the condemnation process.

Contention

While HB 2628 seeks to establish protections for property owners, there could be points of contention surrounding its potential impact on local governments and their ability to manage land use decisions effectively. Some stakeholders may argue that the bill could limit the flexibility of condemning entities in evaluating compensation packages, leading to challenges in executing projects that involve land condemnation. The balance between protecting private property rights and enabling public development through eminent domain may be a significant theme in discussions surrounding the bill.

Texas Constitutional Statutes Affected

Property Code

  • Chapter 21. Eminent Domain
    • Section: New Section

Companion Bills

No companion bills found.

Previously Filed As

TX HB1432

Relating to a landowner's repurchase of real property from an entity that acquired the property through condemnation.

TX HB2011

Relating to the right to repurchase from a condemning entity certain real property for which ad valorem taxes are delinquent.

TX HB2284

Relating to the right to repurchase certain real property from a condemning entity after a change to the use of the property.

TX SB18

Relating to the acquisition of property by entities with eminent domain authority.

TX HB20

Relating to the repurchase of real property from an entity with eminent domain authority.

TX HB476

Relating to the repurchase of real property from an entity with eminent domain authority.

TX SB180

Relating to the repurchase of real property from an entity with eminent domain authority.

TX HB179

Relating to the ownership of real property by certain aliens or foreign entities.

TX HB47

Relating to the ownership of real property by certain aliens or foreign entities.

TX HB1253

Relating to establishing actual progress for the purposes of determining the right to repurchase real property from a condemning entity.

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