Texas Senate Bill SB18

Texas 2009 - 81st Regular

• Out of Senate Committee: 4/29/09
• Voted on by Senate: 5/4/09
• Out of House Committee: 5/20/09

Caption

Relating to the acquisition of property by entities with eminent domain authority.

Impact

The legislation proposes significant changes to existing laws by enhancing the protections for property owners. It requires any entity with eminent domain authority to make a bona fide offer to property owners before initiating condemnation proceedings. This requirement insists that the offer be grounded in a careful assessment of just compensation, thus aiming to eliminate arbitrary offers. Furthermore, the bill introduces provisions for greater transparency in the eminent domain process, such as requiring governmental entities to disclose important information regarding the condemned property and the specifics of the public use project.

Summary

Senate Bill 18 (SB18) addresses the process and limitations surrounding the use of eminent domain authority in Texas. The bill stipulates clear definitions of what constitutes a 'public use' for which property can be acquired through eminent domain, emphasizing that the taking of private property must not primarily benefit private entities for economic development purposes. It also mandates that any private benefit must be incidental to the public use, aiming to safeguard property owners from unjust land acquisition scenarios that serve private interests under the guise of public necessity.

Contention

While the bill seems to strengthen property rights, there may be notable contention surrounding the balance between public projects and private interest. Proponents argue that the bill will prevent misuse of eminent domain for purely economic developments that do not serve a genuine public interest. However, critics may express concern that the limitations imposed on the use of eminent domain could impede necessary public developments by making it more challenging for governmental entities to acquire land for transportation, infrastructure, or community improvement projects. This tension between property rights and public development needs is likely to be a significant point of discussion among lawmakers and stakeholders.