Eminent domain reform is about fairness and “due process” for landowners – it is supported by the platforms of both the Democratic and Republican parties in Texas.
More than twenty-four bills have been offered during the 86th Legislative Session. Below are the priority bills for the Texas Landowners for Eminent Domain Reform:
SB421 Kolkhorst/HB991 Burns
SB421 affects private entities given eminent domain authority. It is an omnibus bill that a) provides basic easement terms to impacted property owners regarding a private entity’s project; b) provides an evidence-based valuation of a landowner’s property along with damages to the remainder conducted by a licensed real estate broker or certified appraiser; and c) requires entities to hold informational meetings with affected landowners on the details of a project.
SB552 Schwertner/HB1245 Ashby
This bill provides property owners information about their rights relating to the survey of their property by an eminent domain authority. The bill requires landowners to be informed of their rights in the negotiation of a survey and other related provisions. It also provides that the details of these rights also be incorporated in a Survey Permission Form if used by a condemning authority.
SB553 Schwertner/HB1246 Ashby
SB553 requires a condemning entity make a separate and clearly identifiable offer for additional land needed that is not related to land acquired through condemnation.
SB554 Schwertner/HB1253 Leman
SB554 amends the current statute relating to the right to repurchase property from a condemning entity. The legislation allows a landowner the right to repurchase property if the condemning entity does not prove that “actual progress” toward the stated public use of a taking is made within a ten year period.
SB555 Schwertner/HB1247 Ashby
SB555 states that if additional property taxes are imposed due to the diversion of property for nonagricultural use, then the property taxes are the responsibility of the condemning entity, not the property owner.
HB1157 states that after making an initial offer, a condemning entity shall disclose any new, amended, or updated appraisal within 10 days of the appraisal report and at least 3 days before a special commissioner’s hearing. If this procedure is not followed, a court can dismiss the condemnation proceeding.
HB4154 states that if there is an objection to the award after a Special Commissioner’s hearing, then a private entity cannot take possession of the property until after 180 days of the commissioner’s award if there is pending litigation.
This bill provides that a common carrier pipeline that meets certain criteria must publish notice of its application to the state in a local newspaper and must hold a public hearing along the route.
HB4423 would require a pipeline to post a bond with the state to ensure that remediation of land disturbed by the construction of a pipeline would occur.
Please support these bills by writing to your respective Senator or House member. To learn more about bills moving through the 86th Texas Legislative Session, please visit capitol.texas.gov for more information.
January 8, 2019
86th Legislative Session Begins
May 6, 2019
Last Day for House Committees to
Report House Bills Out
May 9, 2019
Last Day for House to Consider 2nd
Reading of House Bills on the Floor
May 21, 2019
Last Day for House to Consider 2nd
Reading of Senate Bills on the
May 22, 2019
Last Day for the Senate to Consider
May 27, 2019
Last Day of the Session