House Land & Resource Management hearing Monday, March 7

The House Land & Resource Management Committee has scheduled eminent domain bills including HB 138 by Callegari, HB 188 by Sheffield, HB 1062 by Murphy, SB 18 by Estes and HB 364 and HB 365 by Turner for public hearing Monday, March 7 at 1 pm or upon adjournment in E2.012 at the Capitol.  


HB 138 would tighten the definition of "blighted area."  HB 188 would prohibit an entity from condemning property if the taking "is not necessary for a public use."  HB 1062 would change "public purpose" to "public use" in the Texas Education Code and the Texas Local Government Code.  SB 18 would provide comprehensive eminent domain reform.


HB 364 and HB 365 would allow the city of Houston to condemn property (condominiums and multi-family residential, respectively) for the elimination of blight if it is unoccupied for one year.


TLC will support HB 138, HB 188, HB 1062 and SB 18 and oppose HB 364 and HB 365.

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.