Texas 2017 - 85th Regular

Texas House Bill HB3441

Caption

Relating to compensation to a property owner for property acquired by an entity with eminent domain authority.

Impact

If enacted, HB3441 would impact state laws related to property rights and eminent domain, providing a more structured approach to how damages are assessed during the condemnation process. By allowing special commissioners to admit evidence of property values based on prior negotiations for similar rights-of-way, the bill aims to ensure that property owners are compensated fairly, potentially affecting a broader array of property disputes statewide. This move may reassure property owners that their concerns about compensation will be duly addressed and may discourage overreach by entities exercising eminent domain powers.

Summary

House Bill 3441 seeks to amend the Texas Property Code, specifically Section 21.041, to provide clearer guidelines for assessing compensation to property owners whose property is acquired through eminent domain authority. This legislation specifically focuses on how special commissioners evaluate property values during condemnation proceedings, ensuring that various factors affecting compensation, such as property injury and benefits to remaining property, are considered. The changes aim to make the compensation process more transparent and equitable for property owners impacted by such acquisitions.

Contention

Despite its intentions, HB3441 is likely to face contention regarding the balance between public interest and private property rights. Supporters might argue that the bill is critical in protecting property owners from unjust compensation, particularly in cases where eminent domain is wielded for public projects. Conversely, opponents may claim that increased compensation payments could hinder necessary infrastructure developments or result in disputes that complicate or delay projects of public benefit. Therefore, discussions around this bill will likely involve strong arguments on both sides regarding its implications for property rights and state authority.

Companion Bills

No companion bills found.

Previously Filed As

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 SB1513

Relating to certain requirements in connection with the acquisition of real property for public use by an entity with eminent domain authority.

TX SB1512

Relating to the failure to disclose certain appraisal reports by an entity with eminent domain authority in connection with an offer to acquire real property.

TX HB2318

Relating to the possession of property to be acquired by eminent domain during pending litigation in a condemnation proceeding.

TX HB2906

Relating to the expenses and fees awarded to a property owner in certain eminent domain proceedings.

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 HB2284

Relating to the right to repurchase certain real property from a condemning entity after a change to the use of the property.

TX HB376

Relating to a landowner's bill of rights statement in connection with the acquisition of real property through eminent domain.

Similar Bills

CA AB2013

Property taxation: new construction: damaged or destroyed property.

CA AB1500

Property taxation: application of base year value: disaster relief.

CA AB245

Property taxation: application of base year value: disaster relief.

DC B25-0486

Uniform Community Property Disposition at Death Act of 2023

CA SB964

Property tax: tax-defaulted property sales.

CA SB603

Property taxation: transfer of base year value: disaster relief.

CA SB1091

Property taxation: transfer of base year value: disaster relief.

HI HB1398

Relating To Property.