Texas House Bill HB3065

Texas 2015 - 84th Regular

Caption

Relating to the recovery of costs and fees in connection with certain eminent domain proceedings.

Impact

The implementation of HB3065 is expected to reinforce property rights, and it may change the dynamics of negotiations in eminent domain cases. By making it mandatory for condemning parties to cover legal fees when their offers are substantially lower than court-awarded amounts, property owners may feel more empowered. This could lead to an increase in disputes over fair compensation, as landowners would be less hesitant to challenge initial offers they believe to be inadequate, potentially resulting in more cases being escalated to court.

Summary

House Bill 3065 aims to amend provisions concerning the recovery of costs and fees in eminent domain proceedings in Texas. This bill introduces a requirement that if the damages awarded by the special commissioners are at least 10 percent greater than the condemnor's initial offer, the condemnor must not only pay the awarded costs but also cover reasonable attorney's fees and other professional fees incurred by the property owner. This represents a significant shift in how costs are handled in these proceedings, ensuring that property owners are financially supported in their legal efforts against condemnors, such as the government or related entities.

Contention

Notable points of contention surrounding HB3065 may involve concerns from government entities and developers regarding the increased financial burden that could arise from higher compensation claims. Opponents may argue that this bill could complicate the eminent domain process, making it more challenging to acquire land for public projects or infrastructure development. Proponents, on the other hand, assert that ensuring proper compensation for property owners is crucial to uphold fairness in the eminent domain process, thereby justifying the need for such a legislative change.