TX
Texas Senate Bill SB178

Texas 2015 - 84th Regular

Texas Senate Bill SB178

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 impact of SB178 is significant as it alters the scope of eminent domain law within Texas, restricting governmental ability to seize land for non-essential recreational purposes. This change reinforces property rights for individual landowners and could potentially limit the expansion of public recreational facilities. Moreover, it ensures that any condemnation actions for recreational development would require a justifiable public need beyond mere enhancement of recreational options.

Summary

SB178 prohibits the use of eminent domain to take private property for recreational purposes in the state of Texas. The bill specifically amends existing laws to prevent governmental and private entities from condemning property for reasons related solely to recreation, such as the development of parks, trails, or greenbelts. This amendment seeks to protect property owners from compulsory acquisition of their land for uses that do not directly relate to critical infrastructure or services.

Conclusion

Overall, SB178 reflects a shift towards stronger property rights protections in Texas, while also sparking debate regarding the role of government in managing land for public benefit. The bill clearly indicates a legislative trend leaning towards cautious governmental engagement in land acquisition, particularly in the context of enhancing recreational assets for communities.

Contention

The bill has garnered attention due to the balancing act it performs between community benefits and individual property rights. Proponents argue that it protects private property owners from governmental overreach and maintains local control over land use decisions. Conversely, critics may point to potential downsides such as reduced public access to recreational resources and limited opportunities for community development in terms of parks and recreational facilities.

Companion Bills

No companion bills found.

Previously Filed As

TX HB695

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

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 HB376

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

TX SB2386

Relating to the authority of an electric cooperative to use the power of eminent domain to acquire certain real 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 HB4217

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