TSCRA Daily News Update, May 7, 2008

TSCRA director testifies at House hearing on property rights and eminent domain

TSCRA Director Bennie Bock of New Braunfels testified Tuesday in front of the House Land and Resource Management Committee at the Capitol in Austin. Bock testified on the Private Real Property Rights Act and on compensation to landowners in eminent domain proceedings.

TSCRA supported the original passage of the Texas Private Real Property Rights Preservation Act in 1995, authored by TSCRA Honorary Vice President Susan Combs.

"While the act is strong in certain areas, it has not been frequently used because it has ineffective provisions that exempt many governmental actions and require property owners, who lose in court, to pay all attorney fees," said Bock.

Bock also suggested the following changes:

  • Removal of provision requiring the loser to pay all legal bills.
  • List of exemptions should be reduced and any special exemptions for municipalities deleted.
  • Statute of limitations should be lengthened from the current 180 days to at least two years.
  • Compensation
    • Entities should be required to make an initial good faith offer that is reflective of property's fair market value.
    • If a court finds an entity did not make an initial good faith offer, the court should be able to abate the condemnation case and in some cases, require that entity to pay the property owner's legal fees.
    • Consideration of additional evidence, such as diminished access or devaluation to property.
  • Clear definition of "public use" with respect to eminent domain.
  • Government entities should be required to conduct condemnation proceedings at a public meeting or record vote.
  • Landowners should be allowed to repurchase land taken for speculative condemnation for equal to original selling price.

Texas House Bill 2006, passed during the last legislative session and later vetoed by Gov. Rick Perry, had eminent domain provisions similar to those mentioned in Bock's testimony.

TSCRA supported HB 2006 and is working to ensure that the bill is passed and signed by the Governor during the 2009 legislative session.

 


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