SB 18 Eminent Domain Reform signed by Governor Perry Print
Written by Administrator   
Wednesday, 01 June 2011 07:56
Domain Reform is a reality!--from CCRW President Pauline Lesch, May 24, 2011 In January 2011, Cooke County Republican Women adopted SB 18, the Eminent Domain Reform bill by Senator Craig Estes (District 30-Wichita Falls) as a “legislative project.” Shortly thereafter, we learned that Governor Perry had made eminent domain reform one of his legislative priorities. We are pleased to report that SB 18 was passed by both houses of the Texas Legislature, and was signed into law by Governor Perry on May 19, 2011, and will be effective on September 1, 2011.

THANK YOU to EVERYONE who worked to make Eminent Domain Reform a reality in Texas!

Here is a press release from the website of Governor Rick Perry, along with an article by CCRW Legislative Chairman Sheila Cox that addresses not only the passage of this legislation, but also the importance of grassroot efforts

 

From the website of Governor Rick Perry—

Gov. Perry: The Dream of Property Ownership is Secure in Texas

Gov. Rick Perry today ceremonially signed Senate Bill 18, which implements landmark

eminent domain reforms to strengthen private property rights. The governor designated

this legislation as an emergency item for the 2011 Legislative Session. He was joined by

Texas Agriculture Commissioner Todd Staples, Sen. Craig Estes, Sen. Robert Duncan and

Rep. Charlie Geren for the bill signing.


"I'm proud to sign into law stronger eminent domain provisions protecting Texas landowners

from local and state government entities that might consider abusing private property rights,"

Gov. Perry said. "We've come a long way in the effort to strengthen private property rights

through this legislation, and thanks to the hard work of state lawmakers, particularly Sen. Estes,

Sen. Duncan and Rep. Geren, the dream of property ownership is more secure in the State of

Texas now than ever before."


SB 18 requires local and state government entities interested in acquiring private property

to first make an offer, in writing and based on an appraisal, to the landowner to purchase the

property through a voluntary sale for a fair price. This prevents entities from making lowball

offers knowing the land can be taken by eminent domain if the landowner doesn't accept.

The bill also requires condemnation petitions to specifically state the public use for which

 the land is needed, eliminating instances where land is taken without current plans for its use.

Additionally, the bill makes it clear that eminent domain may only be used for public use.


"We know that Texas is thriving as a state and property is a valuable asset, but that growth

should not come at the expense of property owners," Sen. Craig Estes said. "This is the

most important bill to strengthen private property rights for landowners."


Further, SB 18 requires a government entity that takes land to first have a record vote stating

the land to be taken and the project for which it is being taken. It also requires entities to

provide all appraisals of the property they have during negotiations to ensure landowners

understand the fair market value of their land. Finally, this legislation also allows landowners

to repurchase land at the price they were paid for it if  it becomes unnecessary for the project

for which it was taken, or if no actual progress is made toward the project in 10 years, even if

the project has not been cancelled.

"I am proud of the work done by members of the Texas Senate and House of Representatives

to pass this important piece of legislation and am pleased to see eminent domain reforms

signed into law," Sen. Robert Duncan said.

"This is a strong law that was closely negotiated by major stakeholders across the state to

secure enduring protections for property owners."  A former farmer, rancher and Texas

Agriculture Commissioner, Gov. Perry has long made private property rights a priority.

Last session at the governor's request, the Legislature passed a measure allowing Texans to

vote on a constitutional amendment requiring land to be taken only for public use, ending

the seizure of property for use by a private developer. Additionally, local governments can

no longer condemn an entire area for redevelopment by claiming it is blighted without proving

that each section is blighted. The amendment also protects Texas landowners against further

grants of eminent domain authority by requiring each new grant to receive a 2/3 vote in each

house of the Legislature. Texas voters passed this amendment in November 2009.


"I am proud that our private property owners' rights are better protected with the passage of

SB 18," Rep. Charlie Geren said. "This is a great accomplishment and took a lot of hard work

from many Texans across the state."
 

"This is a major victory for the people of Texas and a great accomplishment by Gov. Perry

and our Legislature," Agriculture Commissioner Todd Staples said. "The signing of this bill

says, ‘Don't mess with Texas, and don't mess with Texas land.' SB 18 sends a clear message

 that here in the Lone Star State, we hold dear to our heritage of land ownership." 

 

Good News in Austin : Grassroots Are Growing  by Sheila Cox,

Legislative Chairman, sheila.cox77@yahoo.com  There is good news in Austin for those

 concerned with eminent domain in Texas .

Senate Bill 18, authored by Senator Craig Estes (R-Wichita Falls, District 30)

successfully passed in both the House and Senate with what may be unprecedented

unanimous votes in the legislative process. SB 18 heralds the beginning of eminent

domain reform in our state and many applaud what it will accomplish.  

More Good News: SB 18 reached its destination, and Governor Perry signed

 it into law on Thursday, May 19, with a ceremonial signing for press coverage

today, May 23. The law becomes effective on September 1, 2011.  On May 10th, in 

a conference call hosted by Michael Quinn Sullivan with Empower Texans, Governor

Perry repeatedly emphasized to those of us participating in the call that grassroot

efforts by Texans is a very persuasive factor in Texas legislation. The successful

passage of SB 18 is proof of accuracy in Perry’s statement about grassroot

effectiveness. Many individuals and groups have participated in statewide efforts to

promote the passage of SB 18. And last February, Cooke County Republican Women

launched a massive statewide effort—encouraging not only CCRW members to get involved,

but also soliciting the support of TFRW clubs throughout Texas—with a three-point plan to be

informed, to inform others, and to influence the vote for passage of SB 18 for eminent domain

reform.  A large debt of gratitude is owed to Senator Estes and State Representative Rick

Hardcastle (R-Vernon, District 68).  They have championed the cause for eminent domain

reform in Texas . Both of these elected officials have met with me during the past five years

in discussions about the need for such reform. But more importantly than just meeting with

many others as well, these two elected officials and all those who voted in the House and

Senate to pass SB 18 have truly listened to the people of Texas!  We tip our hats to all of

our senators and representatives, to all CCRW members and all others who helped in this

 effort, as we say a great big Texas-sized “thank you” for a job well done.

And the same big “thank you” goes to Governor Perry for declaring eminent

domain as an emergency item, and for his signing of SB 18 into law.

Stand tall and proud, all of you are Texas heroes. 

Last Updated on Wednesday, 01 June 2011 08:12