Texas 2017 - 85th Regular

Texas Senate Bill SB628

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

Caption

Relating to establishing actual progress for the purposes of determining the right to repurchase real property from a condemning entity.

Impact

This legislation is significant as it directly impacts the legal framework surrounding condemnation proceedings in Texas. By establishing clear guidelines for what constitutes actual progress, SB628 aims to create fairness in the process of property acquisition for public use. It particularly aids property owners who may have faced delays in project completion or who believe their land was taken without just cause. Furthermore, the bill introduces protections for property owners by clarifying their rights and the conditions under which they can reclaim their property, thus upholding the integrity of ownership rights against premature or unjustly prolonged condemnations.

Summary

SB628, known as the Act relating to establishing actual progress, amends the Property Code to clarify the criteria for determining 'actual progress' in relation to a property owner's right to repurchase real property from a condemning entity. The bill specifically outlines a set of actions that must be completed for progress to be deemed significant, which are critical in assessing the timing and legitimacy of repurchase claims by property owners whose land has been condemned for public use projects. The new definition provides a more structured assessment compared to previous vague conditions.

Sentiment

Overall sentiment around SB628 appears to be supportive, especially among property owners and certain advocacy groups who emphasize the protection of property rights. However, there may be concerns from government entities and developers responsible for carrying out public projects, fearing that these new stipulations might hinder efficient project execution. This balance between the rights of individuals and the needs of the collective is a recurring theme in discussions surrounding the bill.

Contention

Notable points of contention in the discourse surrounding SB628 include concerns about the potential for abuse by property owners who may delay projects with claims of lack of progress to gain leverage against the condemning entities. Additionally, developers and governmental agencies may argue that the defined criteria for actual progress could lead to increased bureaucratic hurdles and may slow down public projects that serve community interests. This tension between protecting individual rights and ensuring timely public project completion remains a focal point of the dialogue as stakeholders navigate the implications of the bill.

Companion Bills

TX HB2076

Identical Relating to establishing actual progress for the purposes of determining the right to repurchase real property from a condemning entity.

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