House Passes Landowner’s Bill of Rights Act — Rep. Hopson Glad To Co-author Act That Supports Land Owners Rights
From the Office of Representative Chuck Hopson
FOR IMMEDIATE RELEASE
Contact: Daniel Mahoney
Phone: 866-233-5100
AUSTIN - On Thursday, the Texas House of Representatives gave its final approval to House Bill 1495. The bill, formally entitled the Landowner’s Bill of Rights Act, provides landowners with full notice of their rights and options during the condemnation process. Representative Hopson co-authored the bill with Representative Bill Callegari of Houston.
“A landowner faced with having their land taken away deserves thorough disclosure about what they’re up against,” said Representative Hopson. “Currently, landowners don’t receive a shred of information about their rights and options when their property faces condemnation. This leaves many feeling helpless and confused.”
As approved by the House, the Landowner’s Bill of Rights Act requires that governmental entities seeking to condemn private property provide affected landowners with a “Landowner’s Bill of Rights” statement. The statement must inform landowners of their rights to notice, fair negotiation, compensation, and to appeal a condemnation judgment. The written statement must also describe the condemnation process, the condemning entity’s obligations throughout the condemnation process, and the landowner’s available options.
The HB 1495 also requires that the bill of rights statement be written in plain language that can be easily understood by the average property owner. The statement must also be printed in an easily readable font and type size.
“The fact that someone’s home may be condemned through the power of eminent domain should not be hidden in fine print that can only be deciphered by a lawyer,” said Representative Hopson. “This Act requires that landowners affected by a proposed condemnation receive a fair, easy to read and easy to understand explanation of their rights and the condemnation process.”
Representative Hopson continued, “The idea of having someone’s home taken away by their government is disheartening and a little scary. There are very few legitimate reasons for condemning private property, and the affected landowner deserves a complete understanding about what is happening. This bill helps landowners protect their property. It lets them know their rights and what they can do to defend the place they call home.”
The Landowner’s Bill of Rights Act is one of several measures before the Texas Legislature aimed towards reforming the condemnation process in Texas. House Bill 3057, which also passed on Thursday, reforms the process that cities may use to condemn blighted properties. Another measure, H.B. 2006, proposes several reforms to the condemnation process, and is due for deliberation on the House floor within a week.
Please contact our offices at 1-866-233-5100 or 512-463-0592 should you have any questions or concerns regarding issues or a particular piece of legislation.
