HB4217 allows public utility agencies in some counties, through condemnation, to acquire land, easements, and property within its service area for the agency’s use and benefit for various purposes, including water supply, sanitary sewer, storm drainage, flood control, and other projects or objectives pursued by the agency.
The Texas State House of Representatives passed HB4217 on May 11, 2023 by a vote of 125 to 11. We have assigned pluses to the nays because the Fifth Amendment of the U.S. Constitution states, “nor shall private property be taken for public use, without just compensation.” The government cannot constitutionally take property from someone and trust that the government will compensate properly.