Texas House Bill HB2470

Texas 2019 - 86th Regular

Caption

Relating to an action for the damage to property value caused by the use of an easement.

Impact

The bill adjusts existing property law by amending the Property Code to include Chapter 31, which pertains to damages caused by easement use. Under this new chapter, district and county courts will have concurrent jurisdiction over these cases, meaning property owners can bring suits in either court. Affected property owners must demonstrate specific conditions to have standing in court, including evidence that the value of their property has decreased by more than $10,000 due to the easement's use. This measure aims to strike a balance between easement holders' rights and property owners’ protections, promoting fair practices in property management.

Summary

House Bill 2470 introduces a new cause of action in Texas law that allows property owners to sue for damages to their property's value resulting from the use of an easement. This bill aims to protect individuals whose property values are negatively impacted by easement holders' activities, providing a legal framework through which affected property owners can seek compensation. The proposed law specifically outlines the procedures and requirements for filing such lawsuits, thereby clarifying the conditions under which a property owner can claim damages.

Contention

One notable concern surrounding HB 2470 is the potential for disputes regarding what constitutes permissible use of an easement and how damage to property value is assessed. The bill requires courts to appoint special commissioners to evaluate property value damages, which implies a possible increase in litigation related to easement disputes. This might lead to more property owners feeling empowered to challenge easement holders; however, it could also create conflicts and additional burdens on the judicial system. The bill's procedural requirements might also raise concerns for both plaintiffs and defendants about the fair resolution of claims.