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.

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.