Texas 2019 - 86th Regular

Texas Senate Bill SB421

Caption

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

Impact

The implications of SB421 are significant for both governmental and private entities seeking to utilize eminent domain. It introduces clearer standards for how private organizations should interact with property owners when acquiring land, ensuring transparency and accountability in the acquisition process. The procedures laid out in the bill aim to prevent arbitrary or unfair valuation of property, potentially reducing conflicts between landowners and companies involved in property acquisitions for projects like pipelines and electric transmission lines.

Summary

Senate Bill 421 focuses on the processes surrounding the acquisition of real property by entities endowed with eminent domain authority. The bill outlines a structure for private entities, which may include for-profit organizations, to acquire land for public use while ensuring that property owners' rights are recognized and protected. Established procedures include requirements for making bona fide offers to property owners, which must reflect fair market value and provide proper disclosures. The bill aims to regulate how private entities exercise their eminent domain powers in an effort to protect landowners from potential abuse while facilitating necessary public infrastructure projects.

Sentiment

Sentiment towards SB421 has been mixed. Proponents argue that it is a necessary step toward enhancing the fairness of eminent domain practices, improving protections for landowners, and mitigating contentious disputes that can arise when private entities seek to acquire property. However, there are concerns among some property rights advocates who fear that despite the bill's intent to provide protections, the balance may still favor project developers over individual landowners. The bill's provisions will likely be the subject of ongoing debate, particularly among stakeholders focused on land use and rights.

Contention

One notable point of contention regarding SB421 is the debate over the extent to which private entities should wield eminent domain powers. Some critics argue that allowing for-profit companies to use eminent domain can lead to exploitation of landowners and unjust compensation practices. Furthermore, specific arguments have emerged regarding the requirement for “bona fide offers” that reflect market value; stakeholders express differing views on how effectively this can be enforced, raising questions about its practical implementation. The upcoming discussions and potential revisions of relevant sections will likely reflect these ongoing concerns.

Companion Bills

TX HB991

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

Similar Bills

TX HB5245

Relating to the acquisition of real property by a private entity with eminent domain authority.

TX HB2730

Relating to the acquisition of real property by an entity with eminent domain authority and the regulation of easement or right-of-way agents.

TX SB986

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

TX HB901

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

TX HB991

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

TX HB902

Relating to the acquisition of real property by an entity with eminent domain authority; requiring an occupational license; authorizing a fee; providing a civil penalty; imposing a criminal penalty.

TX HB2684

Relating to the acquisition of property by an entity with eminent domain authority; waiving certain sovereign and governmental immunity.

TX SB1009

Relating to the adoption of the Uniform Easement Relocation Act.