Texas 2023 - 88th Regular

Texas Senate Bill SB1513

Filed
3/3/23  
Out of Senate Committee
4/12/23  
Voted on by House
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to certain requirements in connection with the acquisition of real property for public use by an entity with eminent domain authority.

Impact

If enacted, SB1513 would modify the Government and Property Codes in Texas to ensure that property owners are better informed and protected during eminent domain proceedings. The stipulation for timely delivery of the Landowner's Bill of Rights and detailed descriptions of rights and obligations is expected to foster transparency in the acquisition process. This may lead to more equitable outcomes for property owners as they navigate the complexities of eminent domain, potentially reducing conflicts and litigation stemming from misunderstandings about their rights.

Summary

SB1513 is a legislative proposal aimed at refining the procedures associated with the acquisition of real property by entities with eminent domain authority in Texas. The bill reinforces and adds to the existing Landowner's Bill of Rights, requiring that during the initial offer for property, entities must not only convey information on the condemnation process but also clarify their obligation to compensate property owners for any damages incurred during surveys. Furthermore, the bill emphasizes property owners' rights, including their ability to refuse access for examinations and surveys, negotiate terms, and appeal any assessed damages.

Sentiment

The general sentiment surrounding SB1513 has been largely positive among lawmakers and stakeholders who advocate for property rights. Supporters argue that the bill enhances protections for landowners and provides essential information that empowers them during the property acquisition process. However, there are concerns voiced by some entities that engage in public projects, suggesting that the increased requirements may complicate and prolong the acquisition process, leading to potential delays in critical infrastructure developments.

Contention

Notable points of contention arise from the balance the bill seeks to establish between the rights of property owners and the needs of public entities for swift acquisition of property for government use. While proponents champion the added protections for landowners, critics fear the procedural definitions and requirements might hinder efficient project progression. The debate underscores the ongoing challenge of reconciling the rights of individual landowners with the demands of public service and infrastructure development in Texas.

Texas Constitutional Statutes Affected

Property Code

  • Chapter 21. Eminent Domain
    • Section: 0112
    • Section: 0113
    • Section: New Section
    • Section: New Section
    • Section: 0112
    • Section: 0113
    • Section: New Section
    • Section: 0112
    • Section: 0113

Government Code

  • Chapter 402. Attorney General
    • Section: 031
    • Section: 031
    • Section: 031

Transportation Code

  • Chapter 203. Modernization Of State Highways; Controlled Access Highways
    • Section: New Section
    • Section: New Section

Companion Bills

No companion bills found.

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