Texas House Bill HB1157

Texas 2019 - 86th Regular

Caption

Relating to the acquisition of property by an entity with eminent domain authority.

Impact

The changes proposed by HB 1157 specifically affect the Texas Property Code concerning the rules of conduct for entities exercising the power of eminent domain. By implementing these requirements, the bill seeks to provide more robust protections for property owners, potentially mitigating previous concerns regarding the lack of transparency in how property values are assessed and offers are made. Additionally, a court will be required to dismiss condemnation proceedings if the filing entity fails to comply with the new appraisal disclosure provisions, thus offering an added layer of protection for property rights.

Summary

House Bill 1157 aims to amend certain provisions surrounding the acquisition of property by entities granted eminent domain authority. The bill introduces requirements for these entities to disclose any new or updated appraisal reports that influence their valuation of the property to the property owners. This disclosure must take place within a specific period following the offer made to the property owner, enhancing transparency in the eminent domain process. The intent of these amendments is to ensure that property owners are adequately informed of the basis on which their property is being condemned and the compensation being proposed.

Contention

The discussions surrounding the bill indicate points of contention between property rights advocates and entities operating under eminent domain. Supporters argue that the bill strengthens property owner rights and ensures fairness in the condemnation process. However, some entities with the authority to exercise eminent domain may perceive these requirements as bureaucratic hurdles that could delay or complicate the acquisition process, arguing that such measures may hinder legitimate public projects that rely on efficient property acquisitions.