Texas 2019 - 86th Regular

Texas Senate Bill SB552

Caption

Relating to notice of a property owner's rights relating to the examination or survey of property by an entity with eminent domain authority.

Impact

The impact of SB552 on state laws is significant as it amends the current legal framework by introducing a requirement for entities involved in property surveys to provide a detailed statement of property owners' rights. This adjustment is intended to prevent misuse of eminent domain powers and ensure that individual landowners are adequately informed and protected. By placing an emphasis on the property owner's right to negotiate and refuse consent, the bill seeks to shift the balance of power toward landowners, thereby reshaping the approach to property acquisition for public use in Texas.

Summary

Senate Bill 552 aims to enhance property owners' rights concerning the examination or survey of their property by entities wielding eminent domain authority. The bill mandates a clear notification process that informs landowners of their rights, such as the option to refuse permission for property entry and the responsibility of the condemning entity for any damages incurred during surveys. The proposed measure is designed to fortify landowners' positions by ensuring they are aware of their entitlements under current state law, thus promoting transparency and fairness in eminent domain proceedings.

Sentiment

The sentiment surrounding SB552 leans towards a positive reception from advocacy groups focused on property rights and landowner protections. Proponents of the bill argue that by safeguarding individual rights against powerful entities, it supports fundamental fairness in the procedural use of eminent domain. However, there are concerns among critics about potential delays and complications that could arise in public projects needing quick property acquisitions. Nonetheless, the predominant view favors the enhanced protection of landowners' rights, indicating strong support for the bill's passage.

Contention

One notable point of contention in the discussion around SB552 revolves around the balance between public interest and private property rights. Supporters assert that the bill prevents abuse of power by requiring transparency from condemning entities. In contrast, opponents worry about how increased restrictions might affect public infrastructure development and projects that depend on efficient property acquisition processes. The debate underscores a tension between the need for adequate landowner rights and the pragmatic requirements of urban development and public use undertakings.

Companion Bills

TX HB1245

Same As Relating to notice of a property owner's rights relating to the examination or survey of property by an entity with eminent domain authority.

TX HB1245

Same As Relating to notice of a property owner's rights relating to the examination or survey of property by an entity with eminent domain authority.

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