Relating to prohibiting the use of eminent domain to take private property for recreational purposes.
Impact
If enacted, SB219 will expressly amend existing laws under Chapter 2206 of the Government Code and certain sections in the Parks and Wildlife Code. It will restrict governmental entities and private corporations from utilizing eminent domain for recreational projects, which includes parks and related facilities. This shift could lead to significant changes in how local governments approach land acquisition for parks and recreational developments—potentially curtailing new projects or requiring alternative funding mechanisms outside of traditional eminent domain processes.
Summary
Senate Bill 219 aims to prohibit the use of eminent domain for the purpose of taking private property for recreational uses in Texas. This bill is a direct response to concerns from residents about governmental overreach when it comes to land acquisition. By specifically forbidding the use of eminent domain for recreational purposes, the bill seeks to protect property owners from losing their land for parks, greenbelts, or trails, which are typically classified under recreational purposes. This legislative measure reflects a growing sentiment among Texans about safeguarding private property rights.
Contention
The bill may encounter various points of contention among different stakeholders. Proponents argue that it reinforces the rights of property owners and prevents local governments from unjustly seizing land under the guise of creating community recreational spaces. On the opposite side, opponents might express concern that this bill could hinder community development and restrict opportunities for creating new parks and recreational areas, especially in densely populated or underserved communities. This could challenge efforts to enhance public health and community well-being through access to green spaces.
Notable_points
An interesting aspect of SB219 is that it preserves the ability of governmental entities to condemn leasehold estates on properties they own. Additionally, it clarifies that the determination made by a governmental entity regarding the purpose of a taking does not create a presumption, thus indicating that the enforcement of this prohibition on recreational purposes must be clearly stipulated. The law is intended to come into effect on September 1, 2009, and will apply to future eminent domain petitions filed after this date.
Proposing a constitutional amendment prohibiting the taking of property by eminent domain for the purpose of transferring the property to a private entity.