Texas 2011 - 82nd Regular

Texas House Bill HB2356

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

Caption

Relating to the exercise of the power of eminent domain by certain private entities.

Impact

If passed, HB2356 would significantly impact state and local laws governing eminent domain, especially as it pertains to private corporations engaged in energy production and distribution. The bill seeks to redefine the parameters of land acquisition, potentially reducing the instances where private entities can forcibly take land under eminent domain provisions. This change is likely to influence development projects and the operation of pipelines across Texas, ensuring that land use primarily serves public utility needs over corporate interests.

Summary

House Bill 2356 addresses the power of eminent domain as exercised by certain private entities, particularly in the context of pipelines and utility companies. The bill amends existing sections of the Natural Resources Code and Utilities Code to specify the conditions under which private entities may exercise eminent domain, particularly limiting the scope of this power concerning land acquisition for purposes beyond the transportation and distribution of energy. The proposal implies a more stringent framework for eminent domain, aiming to protect landowners and clarify the lawful boundaries of private entity activities.

Sentiment

The sentiment surrounding HB2356 appears to be mixed. Proponents of the bill argue that it safeguards landowner rights against excessive corporate encroachment, reflecting a commitment to responsible governance of public resources. On the other hand, opponents might view the bill as a hindrance to economic development, fearing it could deter investment in energy infrastructure due to increased regulatory hurdles. This divergence suggests an ongoing debate over land rights and the role of private entities in public infrastructure projects.

Contention

Notable points of contention revolve around the balance between the need for efficient energy distribution infrastructure and the rights of landowners. Critics express concern that overly restricting the power of eminent domain could lead to inefficiencies in energy project developments. Meanwhile, supporters of the bill highlight the necessity of protecting property rights from corporate overreach. These discussions underline a broader conflict in legislative priorities: ensuring energy needs are met while respecting individual land rights.

Companion Bills

No companion bills found.

Previously Filed As

TX HB4217

Relating to the powers of certain public utility agencies; granting the power of eminent domain.

TX HB4760

Relating to the state's ability to exercise eminent domain on private property.

TX SB2386

Relating to the authority of an electric cooperative to use the power of eminent domain to acquire certain real property.

TX HB695

Relating to the exercise of the power of eminent domain to acquire property for wind power facilities.

TX SB1481

Relating to the exercise of eminent domain authority by the Texas Facilities Commission to build a wall along this state's international border.

TX SB16

Relating to the exercise of eminent domain authority by the Texas Facilities Commission to build a wall along this state's international border.

TX SB38

Relating to the exercise of eminent domain authority by the Texas Facilities Commission to build a wall along this state's international border.

TX HB3470

Relating to the authority of the attorney general to acquire by eminent domain certain real property owned by aliens or foreign entities.

TX SB1441

Relating to the authority of the attorney general to acquire by eminent domain certain real property owned by aliens or foreign entities.

TX HB209

Relating to border security enhancement projects, the creation of a fund to pay for those projects, and a study on certain projects; allocating the earnings on the fund balance and reimbursement of related expenditures; granting the power of eminent domain.

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