Texas Senate Bill SB1180

Texas 2009 - 81st Regular

Caption

Relating to regulatory takings.

Impact

If passed, SB 1180 would significantly impact how Texas state laws interact with private property rights, particularly concerning land use and development regulations. By outlining specific parameters for what constitutes a takings situation, the bill seeks to protect property owners from governmental policies that impose limitations or financial burdens without proper compensation. This could especially affect urban zoning laws and environmental regulations that restrict development based on impervious cover definitions.

Summary

Senate Bill 1180 focuses on regulatory takings, aiming to clarify the conditions under which government actions may require compensation to private property owners. The bill defines 'taking' in regard to governmental actions that affect private property rights, mandating compensation when such actions lead to a reduction of at least 25 percent in market value. It also sets guidelines for evaluating these takings, including specific measurements related to 'impervious cover' of the affected property, which relates to water drainage and land use regulations.

Contention

Notable points of contention surrounding SB 1180 include concerns from municipal governments regarding their regulatory authority and from advocates for environmental protection. Critics argue that the bill could hamper local governments' ability to enforce environmental safeguards and land use regulations, potentially leading to increased development and negative impacts on water management and community planning. Proponents, however, argue that the bill is necessary to defend property rights against overreach by governmental authorities, ensuring that property owners receive just compensation when their rights are infringed upon.