Relating to the recovery of costs and fees in connection with certain eminent domain proceedings.
Impact
The implementation of HB 3339, effective September 1, 2015, will primarily affect future eminent domain proceedings. It establishes a clearer financial responsibility for condemning authorities, potentially leading to fairer compensation for property owners. This reform is seen as a supportive measure for property rights, ensuring that owners are not only compensated for the loss of property but also for the costs incurred while advocating for their rights. The change underscores the importance of equitable treatment in cases where property is taken for public use.
Summary
House Bill 3339 addresses the recovery of costs and fees associated with certain eminent domain proceedings in Texas. The bill mandates that if the damages awarded by special commissioners exceed the condemnor's initial offer by at least 10 percent, the condemnor is responsible for covering all costs related to the proceeding, which includes reasonable attorney's fees and other related professional fees incurred by the property owner. This change aims to enhance the financial protection and recovery for property owners in eminent domain cases, recognizing the potential financial burden that can arise from legal proceedings.
Contention
While the bill is generally aimed at protecting property owners, it may face contention from entities that frequently engage in eminent domain proceedings, such as government agencies and utility companies. These groups might argue that the increased costs associated with legal fees could complicate and hinder necessary public projects. The balance between protecting individual property rights and facilitating public projects may lead to discussions in the legislative arena regarding the limits of compensation and the definition of reasonable fees.
Relating to the failure to disclose certain appraisal reports by an entity with eminent domain authority in connection with an offer to acquire real property.
Relating to the operation and administration of and practices and procedures regarding proceedings in the judicial branch of state government, including the service of process and delivery of documents related to the proceedings, the administration of oaths, and the management of the Texas Indigent Defense Commission, and the composition of certain juvenile boards; establishing a civil penalty; increasing certain court costs; authorizing fees.