Texas 2011 - 82nd Regular

Texas Senate Bill SB174

Voted on by Senate
 
Out of House Committee
 
Voted on by House
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to prohibiting the use of eminent domain to take private property for recreational purposes.

Impact

The introduction of SB174 may have far-reaching implications for state laws related to eminent domain. By explicitly prohibiting the taking of property for recreational purposes, the bill limits the authority of local and state government agencies that might seek to enhance public park systems or create new recreational facilities. This could lead to fewer projects aimed at community development and could increasingly restrict the ability of local governments to provide recreational amenities for residents. Proponents argue that this will enhance property rights and prevent government overreach.

Summary

SB174 aims to amend the existing eminent domain statutes in Texas by introducing a prohibition on the use of eminent domain for recreational purposes. This includes any governmental or private entity from taking private property for the sake of developing or expanding parks, greenbelts, or recreational trails. The legislation seeks to reinforce the rights of property owners by ensuring that their land cannot be seized for recreational uses, thereby simplifying the intricate and often contentious discussions around property rights and public land use.

Sentiment

The sentiment surrounding SB174 appears to be predominantly supportive among property rights advocates and conservatives who believe that property owners should retain full control over their land without the risk of governmental confiscation for recreational needs. However, there may be opposition from local governments and community organizations that see this as a barrier to developing much-needed public recreational spaces which can enhance the quality of life for residents.

Contention

Key points of contention in the discussions around SB174 center on the balance between property rights and the need for public spaces. Critics of the bill may view it as an obstacle to community improvement projects that depend on land acquisition for parks and recreational areas, while supporters contend that the bill merely protects individual property rights from potential abuse by governmental bodies. While the bill's supporters may champion it as a victory for property owners, opponents worry that it may restrict local governments from effectively responding to community needs for recreational resources.

Companion Bills

No companion bills found.

Previously Filed As

TX HJR81

Proposing a constitutional amendment prohibiting the taking of property by eminent domain for the purpose of transferring the property to a private entity.

TX HB4760

Relating to the state's ability to exercise eminent domain on private property.

TX SB1513

Relating to certain requirements in connection with the acquisition of real property for public use by an entity with eminent domain authority.

TX HB695

Relating to the exercise of the power of eminent domain to acquire property for wind power facilities.

TX HB2318

Relating to the possession of property to be acquired by eminent domain during pending litigation in a condemnation proceeding.

TX SB2386

Relating to the authority of an electric cooperative to use the power of eminent domain to acquire certain real property.

TX HB2284

Relating to the right to repurchase certain real property from a condemning entity after a change to the use of the property.

TX SB2613

Relating to the creation of the Tabor Ranch Municipal Management District; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes; granting a limited power of eminent domain.

TX HB5376

Relating to the creation of the Tabor Ranch Municipal Management District; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes; granting a limited power of eminent domain.

TX HB5361

Relating to the creation of the Denton County Municipal Management District No. 2; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes; granting a limited power of eminent domain.

Similar Bills

No similar bills found.