Texas Senate Bill SB1546

Texas 2025 - 89th Regular

• Filed: 2/21/25

Caption

Relating to the appraisal for ad valorem tax purposes of certain land on the basis of the land's productivity value when a portion of the land is taken for a right-of-way through an exercise of the power of eminent domain.

Impact

The bill is intended to mitigate the financial impact on landowners whose property is partially taken for public use. By preserving the agricultural appraisal for the remaining portion of the land, it seeks to avoid significant tax increases that could occur if the land were reclassified due to the right-of-way acquisition. This stability in land valuation could influence decisions by property owners regarding land use and development, allowing for a better balance between public infrastructure needs and private land use.

Summary

SB1546 addresses the appraisal of land for ad valorem tax purposes, particularly when a portion of the land is taken for a right-of-way through eminent domain. The bill allows land designated for agricultural use to retain its status even if part of it is condemned for such use. This aims to ensure that the remaining land can continue to benefit from agricultural valuation for tax purposes, thus encouraging its continued agricultural productivity.

Contention

There are potential points of contention surrounding SB1546, particularly from perspectives regarding property rights and local land use policies. While supporters argue that the bill provides necessary protections for agricultural lands against the repercussions of eminent domain, opponents may raise concerns about the implications for future land development and the efficiency of land use planning. Additionally, there might be differing opinions on whether the protections extend too far, potentially limiting local government's capacity to manage land use effectively.

Texas Constitutional Statutes Affected

Tax Code

• Chapter 23. Appraisal Methods And Procedures
  • Section: New Section
  • Section: 46