Texas 2023 - 88th Regular

Texas Senate Bill SB201

Voted on by Senate
 
Out of House Committee
 
Voted on by House
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to the assessment of damages resulting from the condemnation of property that is subject to a conservation easement.

Impact

The implications of SB201 on state laws are significant as it modifies existing property law related to damages from condemnation proceedings. By allowing property owners to receive compensation based on the maximum value of their property, regardless of conservation restrictions, the bill could potentially change how conservation easements affect property values. This may encourage property owners to pursue claims against entities that condemn their land, leading to increased scrutiny on conservation easements in terms of their economic impact.

Summary

SB201 aims to modify the assessment of damages in property condemnation cases where the property is subject to a conservation easement. The bill proposes that in such cases, the compensation for property owners should be based on the local market value of the property without factoring in the conservation easement. This is intended to ensure that property owners receive a fairer assessment aligned with the highest and best use of their property, irrespective of any restrictions placed by conservation easements.

Sentiment

The sentiment surrounding SB201 appears to be mixed, with proponents arguing that the bill provides much-needed protections for property owners by ensuring they are compensated fairly for their property. Critics, however, may view the bill as undermining the purpose of conservation easements, which are designed to protect natural resources and land use from development pressures. This could lead to a debate regarding the balance between property rights and environmental conservation.

Contention

Notable points of contention may arise over the fairness versus the intent of conservation easements. Supporters of SB201 will likely argue that property owners deserve to receive compensation that truly reflects the market value of their property, which is a fundamental property right. On the other hand, advocates for environmental protection may express concerns that the bill weakens conservation efforts by making it financially easier for property owners to challenge easements, possibly leading to increased development in conservation-prone areas.

Texas Constitutional Statutes Affected

Property Code

  • Chapter 21. Eminent Domain
    • Section: 041
    • Section: New Section

Natural Resources Code

  • Chapter 183. Conservation Easements
    • Section: New Section

Companion Bills

No companion bills found.

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