Texas Senate Bill SB938

Texas 2015 - 84th Regular

Caption

Relating to the exercise of eminent domain by a toll project entity.

Impact

A significant aspect of SB938 is the introduction of repurchase rights for property owners whose land has been acquired through eminent domain if the intended public use does not materialize as initially stated. Property owners, along with their heirs or successors, will have the right to repurchase the property if it is no longer used for the public purpose for which it was originally acquired. This adds an additional layer of protection for affected property owners, potentially mitigating the adverse effects of eminent domain.

Summary

Senate Bill 938 aims to amend the Transportation Code regarding the exercise of eminent domain by toll project entities. The bill requires that any initial offers made by these entities must clearly state the public use for which they plan to acquire the property. This measure is designed to enhance transparency in the eminent domain process and assure property owners that their land is being acquired for legitimate public purposes.

Contention

There may be points of contention surrounding the bill, particularly from toll project entities that may feel this added requirement complicates the process of land acquisition. Critics of stringent eminent domain regulations often argue that it could hinder infrastructure projects that rely on swift property acquisition. However, proponents of the bill will likely argue that these measures are necessary to prevent misuse of eminent domain powers and to protect individual property rights against unjust state actions.