Texas 2021 - 87th Regular

Texas House Bill HB2730

Caption

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

Impact

The enactment of HB2730 significantly alters how eminent domain powers are exercised in Texas. It introduces clearer guidelines for the negotiation process, making it mandatory for entities to provide written offers and disclose specific terms related to any easement agreements. The property owner's bill of rights is annotated to include increased awareness and rights related to a property owner's ability to contest condemnation actions, thus strengthening the legal standing of impacted landowners. Furthermore, the bill mandates provisions for dealing with damages incurred during the exercise of eminent domain, ensuring compensation aligns with fair negotiating practices.

Summary

House Bill 2730 addresses the acquisition of real property by entities granted eminent domain authority and aims to regulate easement or right-of-way agents more stringently. The bill includes provisions to enhance the protections afforded to property owners, including explicit requirements that entities notify landowners of proposed acquisitions and engage in good faith negotiations before proceeding with the acquisition. There are stipulations for assessing damages and the processes through which property owners can appeal assessments related to condemnation proceedings. These measures intend to minimize potential abuses of eminent domain power by requiring transparent and fair practices.

Sentiment

Overall sentiment surrounding HB2730 leans toward consumer protection and enhancing transparency within real estate transactions involving eminent domain. Supporters of the bill view it as a necessary reform to protect landowners while still allowing for the development of essential infrastructure. However, there are apprehensions from some business interests worried that stringent regulations could delay projects and increase costs. The discourse around the bill emphasizes a balance between the need for development and the rights of private property owners, reflecting a consensus on the need for reform but with differing views on implementation.

Contention

Notable points of contention include the balancing act between regulatory oversight and the operational capabilities of entities exercising eminent domain. Some legislators and stakeholders have raised concerns that the additional regulatory burden might discourage investment or slow down necessary pipeline or utility projects, potentially impacting economic growth and infrastructure development. Additionally, there are discussions surrounding the sufficiency of the protections offered to property owners; while many argue that the bill strengthens these rights, opponents feel that it may still fall short in terms of fully safeguarding against potential government overreach or unjustified property acquisitions.

Companion Bills

No companion bills found.

Similar Bills

TX HB901

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

TX HB5245

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

TX SB986

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

TX SB421

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 HB448

Relating to the provision of certain eminent domain information to property owners through a landowner's bill of rights.

CT HB07278

An Act Concerning The Conveyance Of Certain Parcels And Easements Of State Land, The Redevelopment Of Property In The Town Of Preston And A Requirement To Appraise Certain Municipal Property Prior To Sale.