Texas 2023 - 88th Regular

Texas Senate Bill SB2311

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

Caption

Relating to a bona fide offer for the acquisition of real property through condemnation.

Impact

The bill's enactment is expected to have a significant impact on the state's laws governing property acquisition. By clearly defining the parameters for making offers, SB2311 aims to minimize confusion and disputes between property owners and agencies exercising eminent domain. It seeks to balance the interests of public entities needing land for projects with the rights of landowners, offering a structured approach to compensation, including the requirement for appraisals. This may lead to more equitable outcomes for property owners while facilitating the property acquisition process necessary for state projects.

Summary

SB2311 aims to establish clearer regulations regarding the acquisition of real property through condemnation in Texas. The bill amends Section 21.0113 of the Property Code to specify the requirements for entities with eminent domain authority when making bona fide offers to property owners. Key stipulations include the necessity of providing a written initial offer, which must include a landowner's bill of rights statement, specific compensation details, and a final offer made within designated timeframes. This legislation seeks to streamline the process and protect the rights of property owners during the acquisition process, ensuring they receive fair treatment and clear information about their rights and potential compensations.

Sentiment

The sentiment surrounding SB2311 appears largely positive among proponents, who see it as a necessary measure to enhance transparency and fairness in the land acquisition process. Supporters argue that by outlining clear guidelines, the bill would help protect property owners from potential abuses of eminent domain and ensure they are adequately informed of their rights. However, there are concerns from some advocacy groups about whether the bill will sufficiently address instances where property owners may still feel pressured to accept offers or face difficulties challenging acquisitions.

Contention

One notable point of contention regarding SB2311 revolves around its implications for local governance and property rights. Critics express concerns that while the bill aims to protect property owners, it may not fully alleviate fears of misuse of eminent domain power. There are discussions about whether the stipulated timelines and appraisal requirements adequately address the complexities that arise in unique property situations. Opponents may argue for additional safeguards to ensure that the rights of property owners are not just technically met but are genuinely upheld in practice.

Texas Constitutional Statutes Affected

Property Code

  • Chapter 21. Eminent Domain
    • Section: 0113

Companion Bills

TX HB3601

Identical Relating to a bona fide offer for the acquisition of real property through condemnation.

Previously Filed As

TX HB3601

Relating to a bona fide offer for the acquisition of real property through condemnation.

TX HB5417

Relating to a bona fide offer for the acquisition of real property through condemnation.

Similar Bills

CA AB2013

Property taxation: new construction: damaged or destroyed property.

CA AB1500

Property taxation: application of base year value: disaster relief.

CA AB245

Property taxation: application of base year value: disaster relief.

DC B25-0486

Uniform Community Property Disposition at Death Act of 2023

CA SB964

Property tax: tax-defaulted property sales.

CA SB603

Property taxation: transfer of base year value: disaster relief.

CA SB1091

Property taxation: transfer of base year value: disaster relief.

HI HB1398

Relating To Property.