Texas Senate Bill SB622

Texas 2009 - 81st Regular

Caption

Relating to access to the state highway system and damages for diminished access to the state highway system.

Impact

The proposed changes could simplify the assessment process for property owners whose real estate may be adversely affected by state or county highway projects. By ensuring that diminished access is formally considered in valuing properties, SB622 would enhance the legal protections for property owners. This aligns with broader objectives to ensure fair compensation practices and could lead to more equitable outcomes for those directly impacted by highway developments in Texas.

Summary

Senate Bill 622 aims to address the issue of access to the state highway system and the associated damages resulting from diminished access due to highway construction, operation, or maintenance. The bill proposes amendments to Sections of the Property and Transportation Codes to ensure that when a property is condemned for such purposes, the special commissioners take into account any loss of access impacting the present market value of the property. This adjustment seeks to clarify the parameters under which property owners can claim damages related to diminished access and how such damages should be evaluated during condemnation hearings.

Contention

Discussions surrounding SB622 may highlight differing viewpoints regarding the balance of state infrastructure needs and property rights. Supporters might argue that the bill protects property owners from arbitrary decreases in property value due to diminished access while enabling necessary infrastructure improvements. Conversely, critics could express concerns that the bill might complicate the highway planning and construction processes, potentially delaying vital transportation improvements due to disputes over property damages.