Bill > SB363

This bill modifies Texas property law regarding how damages are assessed when property subject to a conservation easement is condemned (legally taken for public use). The bill requires special commissioners in condemnation proceedings to evaluate property damages using the property's highest and best potential use, without considering the existing conservation easement status. Specifically, if an entire tract with a conservation easement is condemned, the property owner will be compensated based on the local market value of the property as if the conservation easement did not exist. Similarly, if only a portion of such a property is condemned, the commissioners must estimate damages by considering the property's potential value without the conservation easement and how the condemnation impacts the remaining property's value. This change aims to ensure property owners receive fair compensation that reflects the property's full potential economic value, rather than its value under current conservation restrictions. The bill will apply only to condemnation proceedings commenced on or after September 1, 2025, and will not retroactively affect earlier proceedings.

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https://capitol.texas.gov/BillLookup/History.aspx?LegSess=89R&Bill=SB363