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."

Monday, April 27, 2009

Zoning Surrounding Laughlin Air Force Base Passes House & Senate Committees

Today the Senate Veteran Affairs & Military Installations Committee reported SB 2439 by Uresti favorably as substituted.

TLC registered against SB 2439 on Wednesday, April 8th and testified against HB 2056 by Gallego, SB 2439's companion in the Senate, on Wednesday, March 25th. On April 22nd, the House Defense and Veterans' Affairs Committee reported HB 2056 favorably as substituted.

These bills would create a Joint Airport Zoning Board to regulate the use of private land surrounding Laughlin Air Force Base in Del Rio. Noncompliance would be considered a misdemeanor punishable by fines of up to $1,000 per day.

House Natural Resources Hearing Tuesday, April 28th

The House Natural Resources Committee has scheduled HB 4805 by Craddick for public hearing tomorrow at 8 am in E2.010 at the Capitol. HB 4805 would create a West Texas Water Supply District with taxing and eminent domain authority (not limited to easements) and authority to build roadways, dams, etc. within 130 miles of the initial boundaries of the district.

TLC will oppose this bill.

House Judiciary & Civil Jurisprudence Hearing Monday, April 27th

The House Judiciary & Civil Jurisprudence Committee has scheduled HB 2506 by Villarreal for public hearing today upon adjournment in E2.010 at the Capitol. HB 2506 would allow a person to file suit against local government only within 5 years of the original application for a permit or the first permit in a series of permits or of the plan for development or plat application.

TLC will oppose this bill.