Texas 2017 - 85th Regular

Texas House Bill HB2556

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

Caption

Relating to the appraisal required in connection with a bona fide offer to acquire real property by an entity with eminent domain authority.

Impact

If enacted, HB2556 would impose stricter guidelines on how entities, such as government bodies or utility companies, must approach property owners when seeking to acquire real property through eminent domain. By mandating that the final offer must be equal to or exceed the written appraisal, the bill would provide a safeguard for property owners, ensuring they are compensated fairly for their property. This amendment would ideally balance the needs of public projects with the rights of property owners, making it more difficult for entities to take advantage of property rights without proper valuation.

Summary

House Bill 2556 seeks to amend the Property Code related to the requirements for entities exercising eminent domain to acquire real property. The bill stipulates that before making a final offer to acquire property, the entity must first obtain a written appraisal from a certified appraiser. This appraisal must reflect the value of the property subjected to acquisition as well as any damages to the owner's remaining property due to the acquisition, which may include impacts on structures, livestock, and crops. The aim of this requirement is to ensure transparency and fairness in the process of property acquisition under eminent domain authority.

Contention

One notable point of contention surrounding HB2556 is the balance between governmental authority and property owners' rights. Proponents argue that the bill enhances landowner protections against potentially undervalued offers made by entities with the power to take property through eminent domain. On the other hand, some critics could view the additional requirements as potentially delaying necessary projects that could benefit the public, arguing it may slow down the acquisition process and lead to challenges in meeting project deadlines. Ultimately, the bill's success would hinge on how these competing interests are navigated and reconciled within the legislative process.

Companion Bills

No companion bills found.

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