Texas 2017 - 85th Regular

Texas House Bill HB3170

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

Caption

Relating to the protection of the rights of a property owner in an eminent domain proceeding.

Note

In summarizing the bill, it's clear that HB 3170 seeks to bolster the rights of property owners during eminent domain proceedings by emphasizing transparency, fairness, and accountability. The amendments proposed may change the dynamics between property owners and public entities in Texas regarding land acquisition.

Impact

The impact of HB 3170 could be substantial in how eminent domain is exercised in Texas. By mandating the disclosure of appraisal documents, the bill aims to ensure that property owners are not at a disadvantage when facing condemnation. The requirement for compensation for reasonable legal fees and other expenses if a court dismisses a condemnation proceeding also reinforces protections for individuals whose properties are subject to acquisition. These updates aim to balance the interests of the public entity requiring the land and the rights of individuals to receive fair communication and compensation.

Summary

House Bill 3170 aims to enhance the rights of property owners within Texas by amending existing laws related to eminent domain proceedings. A significant focus of the bill is the requirement for entities initiating condemnation proceedings to disclose new appraisal reports to property owners. This disclosure must occur either 10 days after receiving the report or three business days before a special commissioner's hearing. This amendment is intended to ensure property owners are fully informed about the valuation and the parameters of any offer made for their property, thereby promoting transparency in the process.

Contention

Despite its intentions, the bill may face scrutiny as it addresses a historically contentious area of law. Critics may argue that while transparency is crucial, the bill could lead to delays in public projects reliant on eminent domain. The potential for increased litigation could arise if property owners challenge the process more frequently, emboldened by the protections outlined in the bill. Thus, while HB 3170 aims to strengthen property rights, it could also lead to concerns regarding efficiency in public development projects that utilize eminent domain.

Companion Bills

No companion bills found.

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