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 SB741

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

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