Reforming the Process
During the 87th Legislative session in 2021, a record five eminent domain reform bills passed updating the Landowner Bill of Rights and addressing a number of issues including surveys, appraisal reports, property taxes, and more. Unfortunately, during the 88th Legislative session, the following bills were offered, but none made it through both chambers to the Governor’s desk:
HB 2318 by Zwiener
Disallows Quick Take of a Property
This bill provides that if there is an objection to the monetary award made after a Special Commissioner’s hearing, then a private entity cannot take possession of a landowner’s property until after 180 days following the commissioner’s award if there is pending litigation.
SB 1513 by Schwertner
Details more Information in Landowner Bill of Rights
Though updated in recent years, the current Landowner’s Bill of Rights does not contain sufficient information concerning the ability of a person or an entity to enter a landowner’s property to conduct a survey. Landowners remain concerned over their property rights when approached by those individuals purporting to have the legal authority to enter a landowner’s private property. SB 1513 provides additional language in the Landowner’s Bill of Rights regarding the existing rights and obligations of both the condemning entity and the property owner regarding surveys, notice, and offers to acquire additional property outside of condemnation.
HB 2628 by Moody
Right to Repurchase Property
HB 2628 delineates that if a property is up for resale by a condemning entity that the previous landowner or their heirs are to be notified of the ability to repurchase the property.
The condemning entity shall then offer the repurchase of the property at the amount the entity was ordered to pay the owner in the final judgment from the condemnation proceeding through which the entity acquired the property. The person’s right to repurchase expires on the 90th day after which the entity makes the offer.
HJR 26 by Schofield (Joint Resolution)
Right to Repurchase Property
HJR 26 would amend the constitution regarding a landowner’s right to repurchase real property acquired through eminent domain. A landowner or that person’s heirs or successors is entitled to repurchase property acquired through eminent domain for a public use if: 1) the project for public use is canceled; 2) no actual progress on the project is made toward the public use in a prescribed amount of time; or 3) the property is rendered unnecessary for public use.
To view our priority bills for this year’s 89th session, visit the Legislation page. |
