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Bill > HB2706


TX HB2706

TX HB2706
Relating to the possession of property to be acquired by eminent domain during pending litigation in a condemnation proceeding.


summary

Introduced
02/12/2025
In Committee
03/18/2025
Crossed Over
Passed
Dead
06/02/2025

Introduced Session

89th Legislature Regular Session

Bill Summary

AN ACT relating to the possession of property to be acquired by eminent domain during pending litigation in a condemnation proceeding.

AI Summary

This bill modifies Texas Property Code Section 21.021 regarding eminent domain proceedings, introducing several key changes to how government entities can take possession of property during condemnation litigation. The bill now requires that condemnors must wait at least 180 days after special commissioners make an initial award before taking property possession, and maintains existing requirements that the condemnor pay the property owner the awarded damages or deposit those funds with the court. For state, county, municipal, and certain special district entities, the bill allows immediate property possession after paying the required damages and removes the previous requirement for them to post additional bonds. The bill also explicitly permits parties to negotiate an agreement for immediate property possession during ongoing litigation. These changes will apply only to condemnation proceedings with petitions filed on or after the bill's effective date of September 1, 2025, meaning existing cases will be governed by the previous legal framework. The modifications aim to provide clearer guidelines and potentially streamline the property acquisition process in eminent domain cases while preserving property owners' rights to fair compensation.

Committee Categories

Government Affairs

Sponsors (1)

Last Action

Referred to Land & Resource Management (on 03/18/2025)

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