Relating to the exercise of the power of eminent domain by a political subdivision to acquire property outside the political subdivision's boundaries.
Impact
The proposed amendments would significantly alter how local agencies approach property acquisition for projects deemed to be in the public interest. By allowing political subdivisions to exert eminent domain over properties outside their borders, the bill potentially removes geographic constraints on development and infrastructure projects. This could lead to more strategic planning and developments that better serve regional needs, promoting overall growth.
Summary
House Bill 162 proposes amendments regarding the exercise of eminent domain by political subdivisions to acquire property beyond their own boundaries. This bill seeks to clarify the conditions under which local governments and agencies can assert their powers of eminent domain when dealing with properties not located within their own jurisdiction. Proponents argue that these changes will facilitate necessary expansions of infrastructure and services that may require land outside of a municipality's current limits.
Contention
However, the bill has raised concerns around property rights and the integrity of local governance. Critics argue that allowing eminent domain outside of a political subdivision's boundaries could infringe on individual property rights and undermine local control. There are worries that this could lead to abuse of power, where local governments would prioritize broad developments over the rights and needs of local residents. The balance between public service needs and private property rights is a critical aspect that stakeholders are currently debating.
Texas Constitutional Statutes Affected
Government Code
Chapter 1505. Obligations For Coastal Municipalities For Coastal Matters
Section: 114
Chapter 2206. Eminent Domain
Section: New Section
Human Resources Code
Chapter 63. Residential Facilities For Certain Delinquent Children
Section: 017
Local Government Code
Chapter 241. Municipal And County Zoning Authority Around Airports
Section: 903
Chapter 251. Municipal Right Of Eminent Domain
Section: New Section
Chapter 273. Acquisition Of Property For Public Purposes By Municipalities, Counties, And Other Local Governments
Section: 001
Chapter 280. Miscellaneous Provisions Affecting Acquisition, Sale, Or Lease Of Property By Municipalities And Counties
Section: New Section
Chapter 281. Municipal Civic Center Authorities
Section: 050
Chapter 331. Municipal And County Authority To Acquire And Maintain Parks, Museums, And Historic Sites
Section: 001
Chapter 552. Municipal Utilities
Section: New Section
Transportation Code
Chapter 22. County And Municipal Airports
Section: 011
Water Code
Chapter 30. Regional Waste Disposal
Section: 033
Chapter 49. Provisions Applicable To All Districts
Relating to creating the Central Texas Water Alliance; providing authority to issue bonds; granting the power of eminent domain; providing authority to impose fees.
Relating to creating the Central Texas Water Alliance; providing authority to issue bonds; granting the power of eminent domain; providing authority to impose fees.
Authorizes the creation of cooperative economic development districts affiliated with Southern University and Louisiana State University in East Baton Rouge Parish. (gov sig) (EN SEE FISC NOTE GF RV See Note)