Wednesday, April 29, 2009

Committees Pass Eminent Domain Reform

Today the Senate State Affairs Committee reported SB 18 by Estes favorably as substituted. HB 1483 by Pitts (duplicate of HB 402 by Woolley) is still pending in the House Land & Resource Management Committee. These bills are very similar to the comprehensive eminent domain reform bill, HB 2006, vetoed by Governor Perry last session.

SB 18's committee substitute includes language from HB 4 by Orr and its companion SB 533 by Duncan, which would penalize a condemning entity for not making a bona fide offer by requiring the entity to pay the landowner's related attorney's fees. HB 4 has Governor Perry's support but does not include compensation for diminished access.

Today the House Land & Resource Management Committee reported HJR 14 by Corte favorably as substituted. This resolution proposes a constitutional amendment to tighten the definition of public use for a taking to "only if the taking, damage, or destruction is necessary for the possession, occupation, and enjoyment of the property by the public at large or by the State or a political subdivision of the State."

No comments:

Post a Comment