Important Eminent Domain Reform Advances

SB 18 by Estes (House Sponsor Bonnen) has been placed on the House Major State Calendar for tomorrow, Friday, May 22nd. This bill would require condemning entities that do not make a bona fide offer, as determined by a judge, to pay the owner's attorney's fees.

SB 18 contains language from HB 4 by Orr/SB 533 by Duncan, which would require entities with eminent domain authority to notify the State Comptroller’s office of their authority and which provision of law granted them this power or lose this authority and would also allow a landowner to repurchase property acquired through eminent domain from the condemning entity if the public use is cancelled, if no "actual progress" (significant amount of labor performed, materials furnished, etc.) is made on the project 10 years after the acquisition, or if the property becomes unnecessary for the public use for which it was acquired.

SB 18 also includes language from HB 1389 by Davis, which would tighten the definition of "blighted area" for condemnation by a city and require compensation to include relocation costs for a homestead or farm.

Unfortunately SB 18 no longer contains language which would tighten the definition of "public use" for condemnation and require compensation for diminished access to a highway.

Eminent Domain Reform Advances

Today the House passed HB 2685 by Callegari. HB 2685 would require condemning entities to provide a landowner with a copy of the Landowner's Bill of Rights at least 7 days before making a final offer and before or at the same time the "entity first represents in any manner to the landowner that the entity possesses eminent domain authority."

Today the House received SB 18 by Estes, which was passed unanimously by the Senate yesterday. SB 18 and its companion HB 1483 by Pitts are similar to last session's comprehensive eminent domain reform bill, HB 2006, which was vetoed by Governor Perry.

On April 16th, the House Land & Resource Management Committee sent the committee report for HB 417 by Callegari to the House Calendars Committee after reporting the bill favorably on April 9th. HB 417 would tighten the definition of "blighted area" for condemnation by a city and require compensation to include relocation costs for a comparable standard of living.

On April 29th, the House Land & Resource Management Committee reported HJR 14 by Corte favorably as substituted. HJR 14 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."

On April 30th, the House Urban Affairs Committee sent the committee report for HB 1389 by committee chair Davis to Calendars after reporting the bill favorably on April 29th. HB 1389 would tighten the definition of "blighted area" for condemnation by a city and require compensation to include relocation costs for a homestead or farm.

House Urban Affairs Hearing Thursday, April 16th

The House Urban Affairs Committee has scheduled HB 37 by Corte and HB 1389 by Chairwoman Davis for public hearing on Thursday, April 16th at 10:30 am in E2.028 at the Capitol. TLC will support these bills.

HB 37 would allow a city to condemn property that has characteristics of "blight" or a "slum" only if the condition of the property is an immediate threat to public health and safety.

HB 1389 would tighten the definition of "blighted area" for condemnation by a city and require compensation to include relocation costs for a homestead or farm.