Texas Senate Bill SB363

Texas 2025 - 89th Regular

• Filed: 11/13/24

Caption

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

Impact

The proposed changes to the law would significantly affect how property owners with conservation easements can evaluate damages during condemnation proceedings. By allowing property owners to claim compensation based on the property's highest market value, regardless of the easement's limitations, the bill could increase the financial compensation received by these property owners. This shift could incentivize the preservation of conservation easements as property owners may feel more secure in their investment knowing that they can potentially recover greater damages in the event of a condemnation.

Summary

SB363 addresses the evaluation process for damages that property owners may claim when their land is condemned, specifically when the property is subject to a conservation easement. The bill amends Section 21.041 of the Property Code to include additional criteria for assessing damages, focusing on the highest and best use of the property without taking the conservation easement into account. This means that when evaluating a condemnation case, special commissioners will consider the market value as if the conservation restrictions did not exist.

Contention

This bill has the potential for contention among various stakeholders. Proponents argue that the bill protects property rights and ensures fair compensation, allowing property owners to regain value lost due to conservation easements when facing government takings. Conversely, opponents of the bill may raise concerns that it undermines the intentions behind conservation easements, which are designed to protect the land from development. Such opposition may stem from fears that this could lead to increased condemnation of conservation areas, ultimately harming environmental conservation efforts.

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