Relating to procedures for asserting taking claims against certain governmental entities.
The passage of HB 2930 introduces significant changes to the Civil Practice and Remedies Code, particularly by mandating that owners offer detailed accounts of their claims against governmental actions purported to have caused damage or taking of property. Governmental entities will now have a set period to respond to these claims, allowing them to assert defenses and potentially dispose of frivolous lawsuits at an early stage. This could discourage meritless claims that do not comply with the stipulated notice and reporting requirements, thus protecting governmental resources.
House Bill 2930 establishes new procedures for asserting taking claims against governmental entities in Texas, specifically targeting incorporated municipalities with populations exceeding two million. The bill introduces a framework that necessitates property owners to provide prior notice to a governmental entity at least 60 days before filing a lawsuit. This amendment is designed to streamline the communication process between property owners and governmental entities and set formalities regarding how claims related to property takings are to be handled legally.
Notably, there are potential points of contention associated with HB 2930, particularly regarding the balance of power between governmental entities and private property rights. Critics may argue that the process of requiring prior notice could inhibit property owners from pursuing legitimate claims by placing additional burdens on them. Furthermore, the requirement for expert testimony may not be easily accessible for all property owners, potentially leaving low-income individuals at a disadvantage when contesting actions taken by large governmental entities.