Texas Senate Bill SB555

Texas 2017 - 85th Regular

Caption

Relating to the entry of real property under a claim of eminent domain authority; providing a criminal penalty.

Impact

If enacted, SB555 would directly affect property laws in Texas by creating a clear legal framework that penalizes fraudulent assertions of eminent domain authority. This legislation is designed to protect landowners from unauthorized entries and potential exploitation by parties claiming such authority without the necessary legal backing. The bill recognizes the importance of property rights and aims to foster trust in the eminent domain process by establishing legal consequences for misrepresentation.

Summary

Senate Bill 555, introduced by Senator Kolkhorst, aims to amend Chapter 2206 of the Texas Government Code by adding provisions that regulate the entry of real property under claims of eminent domain authority. The bill establishes that a person commits an offense if they enter or attempt to enter the property of another while falsely asserting that their entry is authorized by eminent domain authority that they do not possess. The bill emphasizes claiming such false authority as a serious offense, classifying it as a state jail felony.

Contention

The introduction of SB555 may invite debates surrounding the balance between government authority and property rights. Supporters are likely to argue that it protects citizens from potential overreach by state entities or corporations, preserving personal property rights against unlawful claims. Conversely, opponents may contend that this could hinder legitimate activities related to land acquisition for public use, creating obstacles for necessary infrastructure projects or developments that require entry onto private property under eminent domain claims.