

This bill was effective upon signing on June 15, 2021. This bill removes the imposition of interest, leaving rollback as the difference in the taxes paid versus those that would have been paid at market value.
#2021 texas legislative session plus
Prior to this bill passing, when the use of land qualifying for open space tax valuation changed, the landowner was subject to a rollback penalty equal to the difference between the taxes imposed on the land and those that would have been imposed had the land been taxed at fair market value for the last three years, plus 5% interest. This bill eliminates the interest portion of the rollback penalty included when property is taken out of agriculture or wildlife use. HB 3833 is a big development on the property tax front. This bill is effective on September 1, 2021. the remainder of the property qualifies for the open space valuation. Additionally, it prohibits agricultural land from losing its exemption solely because it is subject to a right-of-way taken through condemnation if it it less than 200 feet wide and so long as. SB 725 requires a condemning entity to cover additional taxes or expenses if property loses its open space property tax valuation solely due to the condemnation. The notice must include certain limitations on the company’s rights during the survey. HB 4107 requires that prior to conducting this type of survey, common carrier pipelines must provide notice to the property owner at least 2 days prior to entry. You may recall from this prior blog post that entities with eminent domain power, including common carrier pipelines, have a right to conduct a preliminary survey of property that will potentially be acquired. HB 4107 also deals with eminent domain, but this bill involves the notice requirement for common carrier pipelines before a survey is conducted. Modifying requirements for judges appointing special commissioners including adding in time limits for appointment and for strikes to be made.Identifying required terms that must be included in an instrument of conveyance for any easements to be granted to private entities for easements for certain pipeline or electric line easement.

Adding a number of requirements that must be included in an initial written offer made by a company with eminent domain power including a copy of the Texas Landowner Bill of Rights, an explanation of whether the offer includes remainder damages, an appraisal of the property, an instrument of conveyance including the terms required by statute or approved by the landowner, and the contact information for the entity.Adding additional requirements for persons involved in negotiating telecommunication, utility, railroad, or pipeline easements and providing a process for complaints to be filed with the Texas Real Estate Commission against right-of-way agents.
#2021 texas legislative session update

Photo via Laura McKenzie/Texas A&M AgriLife Marketing & Communications
