Bill Caption

Relating to establishing actual progress for the purposes of determining the right to repurchase real property from a condemning entity.

Fiscal Notes

There is an indeterminate fiscal impact to the state from the provisions of the bill due to the case by case nature of the requirements on previous and future condemnations. 

Bill Analysis

HB 2044 would raise the bar for an entity exercising eminent domain to establish actual progress by requiring the completion of three prescribed actions rather than two and removing certain possible prescribed actions that can be taken into account for this purpose. HB 2044 would make it easier for the original owners to repurchase property that was taken via eminent domain and for which insufficient actual progress has been made by the condemning entity to justify the taking.

The bill would would allow a navigation district or port authority to establish actual progress through one specific action if that action is the only necessary action to provide the public use for which eminent domain was used.

Vote Recommendation Notes

Texas Action supports HB 2044 which uplifts our limited government and private property rights principles.