Texas 2009 - 81st Regular

Texas House Bill HB402

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

Caption

Relating to the use of eminent domain authority.

Impact

HB402 is expected to significantly impact state laws concerning property rights and eminent domain. By mandating bona fide offers, the bill aims to ensure that landowners receive proper compensation based on thorough assessments of their property’s value. The changes outlined in this bill introduce more robust accountability measures for governmental entities, fostering improved rapport between these entities and property owners. This legislation could potentially deter misuse of eminent domain powers, thereby reinforcing tenants of property rights and public trust in governmental processes.

Summary

House Bill 402 addresses the regulations concerning the use of eminent domain authority in Texas. The bill emphasizes the necessity for governmental entities to provide a bona fide offer to property owners before initiating condemnation proceedings. It further defines what constitutes a public use regarding property acquisition, ensuring that private benefits do not overshadow the intended public advantages of such actions. This legislation aims to enhance transparency and fairness in the eminent domain process, protecting landowners from arbitrary or unjust property acquisition practices.

Contention

Despite the positive intentions behind HB402, there are points of contention that may arise during its implementation. Opponents might argue that the additional requirements placed on governmental entities could hinder necessary public projects, particularly those related to infrastructure development. Some legislators and stakeholders could express concerns that heightened regulations around eminent domain may create delays and inefficiencies during the acquisition process, thus impacting timely delivery of essential public services. The bill's effectiveness in striking a balance between property rights and public needs will be a focal point of ongoing legislative discussions.

Companion Bills

TX HB1483

Same As Relating to the use of eminent domain authority.

TX SB18

Similar Relating to the acquisition of property by entities with eminent domain authority.

Similar Bills

TX HB1483

Relating to the use of eminent domain authority.

TX SB18

Relating to the acquisition of property by entities with eminent domain authority.

TX SB180

Relating to the use of eminent domain authority.

TX HB279

Relating to the use of eminent domain authority.

TX SB18

Relating to the use of eminent domain authority.

TX SB1615

Relating to the authorization of airport authorities and the issuance of bonds and the exercise of eminent domain by the authorities.

TX SB533

Relating to eminent domain, including certain limitations, procedures, and standards relating to the use of eminent domain.

TX HB4

Relating to eminent domain, including certain limitations, procedures, and standards relating to the use of eminent domain.