Eminent Domain Reform | Work Intensifies on Eminent Domain Reform
April marks the midway point of the 85th Texas Legislature. Answer our call and make your call to your state leader.
In this month of April, we are at the mid-way point in our efforts to reform Texas’ eminent domain laws. We are working for changes that require condemning entities to make a bona fide offer from the start for private land needed for the public good. We are working for penalties against condemning entities if a court finds the purchase offer was unfairly low. We are working to give landowners equal rights with condemning entities when it comes to providing appraisals of the land’s value.
We expect the debate about eminent domain reform to intensify as the session continues. TSCRA has been accused of trying to stunt the oil and gas and transportation industries that are so vital to our state’s economy.
I can tell you clearly that TSCRA is not anti-energy or anti-transportation. We are pro-landowners and want landowners to know they are protected by their state from corporations and government entities that might try to take advantage of them to improve the bottom line of a budget.
I discussed bona fide offers in this column in February and explained our support to make landowners whole by penalizing unfairly low offers last month. Here are the other changes for which we continue to work — you can read more about these concepts at texansforpropertyrights.com.
Appraisals
Some condemning entities are taking advantage of a loophole in the law regarding appraisals. Although entities will make an appraisal available at the time of initial and final offer, they are being allowed to present a new or updated appraisal immediately before a commissioner’s court hearing. Meanwhile, landowners are required to provide appraisals no later than 3 business days prior to a hearing.
Appraisals or opinions of property value and damages caused by the condemnation should be made available to the landowner at the time of the initial and final offer, no less than 3 business days prior to the special commissioner’s court.
Valuation of easements
As the basis for assessing damages to a landowner from a condemnation, evidence of sales of freely negotiated comparable easements is usually not admissible in condemnation proceedings.
The court should admit evidence on the price paid for pipeline or powerline rights of way in privately negotiated transactions made in the absence of condemnation authority.
Possession and use agreements/property taxes
There are instances where landowners give possession of their property to a condemning entity through a possession and use agreement. Any written agreement made between the condemning authority and the property owner during a condemnation case should be enforceable.
When landowners transfer possession of their property to condemning entities under possession and use agreements they still have to pay taxes on the condemned property. Dispossessed property owners should not have to pay taxes on condemned land.
Bond requirement
Some condemners have refused to purchase a bond and then claimed bankruptcy or insolvency to avoid payment to the landowner for just compensation.
A condemning entity should be required to either pay the jury award or secure a bond in the amount of the jury award in order to guarantee payment to a prevailing landowner at the conclusion of the legal proceedings.
I say we are at the midway point in our efforts because the 85th session of the Texas Legislature has about 8 more weeks in which to consider bills. We have found tremendous support among state senators and representatives who believe private property owners deserve fair treatment.
However, at this important time, we need Cattle Raisers to watch for and answer calls to action from Texas and Southwestern Cattle Raisers Association (TSCRA). When TSCRA sends an Action Alert or an email asking you to call your state senator or representative to voice your support for eminent domain reform, please pick up the phone. Tell your elected representative that you want the rights of private property owners to be equal to the rights of the public who wants their land.
Who Represents Me?
Find your elected leaders at www.fyi.legis.state.tx.us. Type in your address, click Submit and find your U.S. senators and representatives, Texas senators and representatives, and your Texas State Board of Education member. Clicking on the member’s link will take you to his or her website where you can find contact numbers for their Capitol and district offices.