State Senate passes eminent domain bill to aid landowners

By Marcus Funk

Thursday, 10 February 2011

Eminent domain reform legislation passed unanimously in the Texas Senate on Feb. 9, with Sens. Kirk Watson, D-Austin, and Steve Ogden, R-Bryan, both endorsing a measure to increase requirements for government entities intending to condemn private property.

The bill requires a "bona fide" offer to the property owner and adjusts requirements for court proceedings concerning eminent domain, in relation to both announcements and challenges. It also would allow landowners to repurchase the property if it is not used within 10 years.

The Senate bill is an identical "companion bill" to a measure co-authored by state Rep. Charles Schwertner, R-Georgetown. The House bill has been popular both with local governments and state leaders.

Williamson County Judge Dan Gattis said Schwertner is "on the right track," and that while the county follows most of the bill's provisions already, the measure would extend those same protections to property owners across the state.

In a statement posted on the state Senate website, Lt. Gov. David Dewhurst praised the passage of SB 18, which was introduced by Sen. Craig Estes, R-Wichita Falls.

"In a rapidly growing state like Texas, eminent domain reform is vitally important to preserving our private property rights and making sure that our infrastructure needs are addressed in a way that is fair to landowners," Dewhurst said.