HB 2730 (Deshotel/Kolkhorst) relating to the acquisition of real property by an entity with eminent domain authority and the regulation of easement or right-of-way agents. HB 2730 makes several changes relating to acquisition of property through eminent domain, including the right to file a complaint against a registered easement or right-of-way agent in the Landowner’s Bill of Rights, adding an addendum including easement terms to the Bill of Rights, giving easement terms to landowners in deals with private entities, right-of-way education at the Texas Real Estate Commission, and modifications to appointment and response timelines for special commissioners in disputes. HB 2730 was sent to the Governor on 6/1.
HB 4107 (Burrows/Kolkhorst) relating to the notice of entry for the purpose of exercising the power of eminent domain by a common carrier pipeline. HB 4107 requires that a common carrier obtain written authorization for the right to enter a property before entering the property for the purpose of making a preliminary survey to be used in the exercise of eminent domain. The bill also requires common carriers give notice to the property owner two days before entry and establishes that entry is limited to the route of the proposed pipeline and for the purpose of the survey, among other requirements. HB 4107 was sent to the Governor on 5/28.
SB 721 (Schwertner/Leman) would require condemnors to provide appraisals used at commissioner court hearings at least three business days before the hearing. SB 721 was signed by the Governor on 5/18 and is effective on 9/1.
SB 726 (Schwertner/Leman) relating to establishing actual progress for the purposes of determining the right to repurchase real property from a condemning entity. SB 726 seeks to increase the ability of a private property owner to repurchase condemned land by increasing the minimum number of prescribed actions needed to demonstrate ‘actual progress’ from two to three. The bill also removes acquisition of nearby parcels and adoption of a development plan from the applicable actions. Navigation districts, port authorities, or water districts implementing state water plan projects may demonstrate ‘actual progress’ through adoption of a development plan and completion of one prescribed action. SB 726 was signed by the Governor on 5/24 and is effective on 9/1.