SB 18 is Now the Law of the Land

Today I had the great honor of joining Governor Rick Perry and participating in the signing ceremony to enact into law an eminent domain bill that protects private property owners from having their land unjustly taken for public use.

In Texas, our land is our legacy. Today’s signing of SB 18 ensures intense scrutiny and fair compensation to land owners when eminent domain is used.

This law was a long time coming and I’d like to thank Sen. Craig Estes, Sen. Robert Duncan, Rep. Charlie Geren, Rep. Rene Oliveira and Rep. Tim Kleinschmidt for their diligent support in upholding what the Texas Constitution guarantees -- that private property owners will not be subjected to intrusive condemnation proceedings.

Don’t mess with Texas, and don’t mess with Texas land. It’s more than a slogan; it’s the law.

Don’t Mess with Texas and Don’t Mess with Texas Land

Private property owners are celebrating in Texas today after the Legislature passed Senate Bill 18, the eminent domain reform bill. The bill is now on its way to Governor Perry’s desk for signature.

SB 18 is authored in the Senate by Sen. Craig Estes (Wichita Falls) and Sen. Robert Duncan (Lubbock) and sponsored in the House by Rep. Charlie Geren (River Oaks), Rep. Rene Oliveira (Brownsville) and Rep. Tim Kleinschmidt (Lexington). It enforces what the Texas Constitution guarantees – that private property owners will be protected from intrusive condemnation proceedings. Among other things, the bill says property may only be taken for a public use and that negotiations must be made in good faith, meaning a condemning entity cannot try to shortchange property owners in offering just compensation. SB 18 also includes a buy-back provision for property owners – if land is taken for a public use but progress is not made on the project within 10 years, the property owner can repurchase the property. It also requires all entities with the power of eminent domain to register with the state or risk having that power suspended.

I have long been a proponent of legislation that guarantees Texas private property owners are treated fairly and that entities with eminent domain power act responsibly. After years of setbacks, Texans will finally have their private property owners’ rights affirmed once SB 18 is signed into law.

I’ve said it before, but it bears repeating: Don’t mess with Texas, and don’t mess with Texas land!

SB 18 Defends Private Property Rights

It is a great day in our grand state. In Texas, our home is our castle and our land is our legacy. Legislators in the House reaffirmed that belief today when they passed SB 18, which establishes eminent domain reform for Texas home and landowners. Earlier this session, the Senate approved the bill.

SB 18, authored by Sen. Craig Estes and Sen. Robert Duncan, enforces what the Texas Constitution guarantees – private property owners will be protected from intrusive condemnation proceedings. Among other things, the bill says property may only be taken for a public good and that negotiations must be made in good faith, meaning a condemning entity cannot try to shortchange property owners in offering just compensation. SB 18 also includes a buy-back provision for property owners if progress has not been made on the public project in 10 years. It also requires all entities with the power of eminent domain to register with the state or risk having that power suspended.

I have long been a proponent of legislation that guarantees Texas private property owners are treated fairly and that entities with eminent domain power act responsibly. After years of setbacks, Texans will finally have won the hard-fought private property owners’ rights battle once SB 18 is signed into law.

Don’t mess with Texas, and don’t mess with Texas land. That’s what this bill says.

Crucial Eminent Domain Reform Passes Senate Committee

After testifying today to the Senate State Affairs Committee on behalf of private property owners in Texas, I’m happy to hear the committee passed SB 18, by Senator Craig Estes.

Private property owners’ rights are fundamental to our free market system, and protection of those rights is vital to the continued economic vitality of the Lone Star State. Growth is welcome in Texas, but it is imperative that we correct the gross injustice that is currently allowing homeowners and landowners to be taken advantage of during eminent domain negotiations.

SB 18 builds on other legislation such as Proposition 11, which created a constitutional limit on governments’ ability to take private property for non-public uses, and was approved by 81 percent of Texas voters in 2009. SB 18 requires fair compensation and establishes a buy-back provision for land that is taken, but then not used by the acquirer.

I want to thank Senator Estes, as well as Gov. Rick Perry and Lt. Governor David Dewhurst, for their leadership in this area.

Remember: You don’t mess with Texans and SB 18 reassures you don’t mess with Texans’ land!

You can read my full testimony here.

Eminent Domain Takes Priority as Legislature Convenes

Today, Gov. Perry issued a proclamation placing eminent domain as an emergency agenda item for this session of the legislature. This means both chambers can take quick action on this critical matter early in the process.

This is a solid step forward in a long-fought battle to provide private property owners the protections they need from abusive use of eminent domain. We can all agree that roads must be built, pipelines must be laid and wastewater plants must be constructed.

What we can’t lose sight of is the fact that the rights of private property owners are guaranteed by both the Texas Constitution and the U.S. Constitution, and must be considered at the front end of growth and not as an afterthought. SB 18 by Sen. Craig Estes and HB 279 by Rep. Charlie Geren are two good examples of eminent domain reform legislation that needs to be passed and signed into law.

By passing Proposition 11 in 2009, Texas voters told lawmakers that our state needs to do more to protect the rights of private property owners. For years, I've promoted measures that would level the playing field for landowners by requiring condemning entities to be more open in the negotiation process, creating a standard for estimating the true harm to landowners and ensuring acquisitions occur for a real and direct public purpose.

Key components of eminent domain reform are:

• Ensuring condemning entities negotiate with property owners in good faith and present a bona fide offer;
• Requiring entities utilizing eminent domain to provide landowners just compensation for injuries, including diminished access;
• Providing a buy-back provision so property owners may purchase condemned land if it is not used for the named public purpose within 10 years of the taking; and
• Clarifying, in statute, the definition of “public use” to ensure eminent domain authority is only exercised for the public good and not for economic development projects or enhancing tax revenues.

I am glad to see this issue will be a priority for the 82nd Legislature and look forward to working with Gov. Perry and the Legislature to ensure the rights of farmers, ranchers and property owners across Texas are protected.