Texas 2013 - 83rd Regular

Texas Senate Bill SB96

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

If enacted, SB96 would alter the landscape of property rights in Texas by providing stronger safeguards for private property against government and private entity land acquisitions intended for recreational development. This shift would mean that entities would have to seek alternative methods of acquiring land for recreational projects, promoting a more respectful approach to property ownership. The law would explicitly protect individual property rights from being overridden by eminent domain claims for non-critical purposes.

Summary

Senate Bill 96 aims to prohibit the use of eminent domain for the purpose of taking private property for recreational facilities. The amendment clearly delineates what constitutes a recreational purpose, which includes parks, greenbelts, and trails, ensuring that entities cannot use eminent domain to acquire land for these specified uses. The bill makes it explicit that this measure applies to both governmental and private entities, preventing any such takings under Texas law.

Sentiment

The sentiment surrounding SB96 appears to be largely supportive among property rights advocates who argue that the bill is a necessary step in protecting private property from excessive government intrusion. Many proponents view this legislation as essential to curb potential abuses of eminent domain, especially when it affects land meant for public recreational use. Conversely, concerns have been raised about how this restriction could limit future recreational development opportunities and urban planning efforts aimed at improving community spaces.

Contention

Contention surrounding the bill centers on the balance between public benefit and private rights. While supporters highlight the importance of protecting private land from being seized for non-essential recreational projects, opponents warn that such restrictions may hinder the development of parks and recreational facilities that can enhance community well-being. The debate reflects a broader conversation on the role of government in land use and whether property rights should take precedence over potential public benefits derived from recreational spaces.

Companion Bills

TX HB754

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

Previously Filed As

TX HB695

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

TX HB4760

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

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 SB1513

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

TX SB2386

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

TX HB4217

Relating to the powers of certain public utility agencies; granting the power of eminent domain.

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 HB376

Relating to a landowner's bill of rights statement in connection with the acquisition of real property through 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.