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.

Senate State Affairs Hearing Thursday, April 23rd

The Senate State Affairs Committee has scheduled SB 18 by Estes and SJR 42 by Committee Chairman Duncan for public hearing Thursday, April 23rd at 1 pm in the Senate Chamber at the Capitol.

SB 18 is similar to last session's comprehensive eminent domain reform bill, HB 2006, which was vetoed by Governor Perry because it would require compensation for diminished access and thus would be too expensive for the state. TLC registered for this bill at its March 30th public hearing. TLC also registered for HB 1483, SB 18's companion in the House, at its March 25th public hearing.

SJR 42 proposes amending the Texas Constitution to read: "public use" does not include the acquisition of a private property interest for the primary purpose of economic development when the acquired property interest is transferred to the benefit of a private person or entity.

Senate State Affairs Hearing Monday, March 30th

The Senate State Affairs Committee has scheduled SB 18 by Estes and SB 533 by Duncan for public hearing Monday, March 30th at 10 am in the Senate Chamber.

The House Land & Resource Management Committee heard hours of testimony on HB 1483, SB 18's companion, and HB 4, SB 533's companion, and several other eminent domain reform bills and joint resolutions on Wednesday, March 25th.  Lauren registered TLC's support of HB 1483, HB 4, HB 1385, HB 1432, HJR 14, HJR 31, and HJR 65 at the hearing.

House Land & Resource Management Hearing Wednesday, March 25th

The House Land & Resource Management Committee has scheduled several eminent domain reform bills (including HB 4 by Orr, a committee member; HB 1385 by Davis; HB 1432 by Jackson; and HB 1483 by Pitts) and joint resolutions (HJR 14 by Corte, HJR 31 by Anderson, and HJR 65 by Davis) for public hearing on Wednesday, March 25rd at 8 am in E2.012 at the Capitol. TLC will support these bills and resolutions.

HB 4 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. HB 1385 would require adequate compensation for the taking of a homestead or farm, including relocation costs. HB 1432 would 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 5 years after the acquisition, or if the property becomes unnecessary for the public use. HB 1483 is similar to last session’s comprehensive eminent domain reform bill, HB 2006, which was vetoed by Governor Perry.

HJR 14 would create a constitutional amendment to limit the condemnation of private property for public use. HJR 31 would create a constitutional amendment to prohibit condemnation for private property for economic development or to benefit a particular private party. HJR 65 would create a constitutional amendment to require adequate compensation for the taking of a homestead or farm (similar to HB 1385).

HB 4's companion in the Senate, SB 533 by Duncan, and HB 1483's companion, SB 18 by Estes, have been referred to the Senate State Affairs Committee, which Duncan chairs. HB 1483 is a duplicate of HB 402 by Woolley, which has been referred to the House Land & Resource Management Committee.