Texas House Bill HB1483

Texas 2009 - 81st Regular

Caption

Relating to the use of eminent domain authority.

Impact

If passed, HB 1483 would significantly influence existing laws concerning property rights in Texas. It would restrict governmental bodies from utilizing eminent domain when economic development is cited as the primary reason for taking property unless tied to broader community development goals. The bill explicitly protects property owners by recognizing their rights and mandates the issuance of bona fide offers when acquiring property, thus ensuring transparency and fairness in the acquisition process.

Summary

House Bill 1483 focuses on amendments to the use of eminent domain authority in Texas. The bill establishes specific limitations on how eminent domain can be applied by government entities, particularly addressing the use of such authority for private parties and economic development. It enhances the definition of public use and emphasizes that eminent domain cannot confer a private benefit to specific individuals or entities. This legislation aims to ensure that the use of eminent domain is firmly rooted in serving the public interest without allowing local governments to abandon the rights of private property owners for private development purposes.

Contention

The bill has generated discussions regarding the balance between public benefit and private property rights. Some supporters advocate for the need to protect citizens from governmental overreach, particularly after controversies surrounding eminent domain practices in the state. Opponents argue that such limitations may hinder necessary infrastructure projects and economic growth initiatives. Therefore, HB 1483 represents an attempt to refine the use of eminent domain while fostering a dialogue on property rights and community development in Texas.