Texas House Bill HB365

Texas 2011 - 82nd Regular

• Out of House Committee: 3/30/11
• Voted on by House: 4/14/11
• Out of Senate Committee: 5/17/11
• Report Pass: 3/22/11
• Engrossed: 4/14/11
• Refer: 4/26/11

Caption

Relating to the use of eminent domain authority by certain municipalities to take abandoned multi-family rental buildings.

Impact

The bill primarily impacts state laws governing eminent domain and provides a framework for municipalities with populations over 1.9 million to take action against abandoned buildings that have become sources of urban strife. This change in law is significant as it helps to clarify and broaden the powers of local governments in combating urban decay. Allowing the use of eminent domain under these circumstances supports community efforts to eliminate blight, enhance public safety, and promote economic development in affected areas, although it raises questions about property rights and the ethics of government intervention.

Summary

House Bill 365 addresses the use of eminent domain authority by municipalities in Texas specifically regarding abandoned multi-family rental buildings. The bill introduces provisions that allow certain large municipalities to acquire these properties if they meet specific criteria indicating urban blight. This legislative measure is a response to the challenges posed by uninhabitable and unsafe multi-family rental buildings, which can negatively impact community safety and quality of living. By empowering municipalities to exercise eminent domain for this purpose, the bill aims at the revitalization of neighborhoods plagued by such problematic properties.

Contention

Notably, House Bill 365 has sparked a debate about the balance between community welfare and individual property rights. Opponents of the bill might argue that it grants too much power to municipalities at the expense of property owners, potentially leading to abuses of eminent domain. Some fear that the less stringent definitions and justifications for condemnation could result in wrongful takings, where property owners lose their homes or investments without sufficient cause. Such contention highlights the language of the bill, specifically how it frames the criteria for what constitutes urban blight and whether the government's economic development claims can overshadow the rights of property owners.