Property Owners Get 'Consolation Prize' on Eminent Domain Reform

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Mon Jun 1, 2009 9:21pm EDT

WACO, Texas, June 1 /PRNewswire/ -- The passage of House Joint Resolution 14
by State Rep. Frank Corte, Jr. (R- San Antonio) in the closing hours of the
81st Texas Legislature accomplished some of the eminent domain reform sought
by Texas Farm Bureau, but does not go nearly far enough, the organization's
president said today.

"The constitutional amendment authorized by HJR 14 is very welcome and if
passed by voters will provide protections from the abuses opened up by the
Kelo case," said TFB President Kenneth Dierschke.  "But the job of reforming
Texas' terrible eminent domain law is not even half done."

Senate Bill 18 was one of dozens of bills that did not come up for a vote due
to the controversy over the Voter ID bill.  Dierschke said SB 18 was the
ultimate fix for unfair eminent domain treatment of property owners that is
rampant across the state.

Among the issues addressed in SB 18 was a provision requiring all condemning
entities to provide property owners with improved notice and disclosure before
proceedings begin.  It also provided for relocation assistance for displaced
property owners.  It would have enacted a previously approved constitutional
amendment that allows owners to buy back their property in 10 years if not
used for a public purpose.  SB 18 called for an accounting of all entities in
Texas which have eminent domain authority.  This is a number that no one seems
to know.

"We have to guard against the possibility that some may declare the job done
on eminent domain reform," Dierschke said.  "If there is a special session, we
hope Governor Perry will add it to the call.  If there is not, this has to be
a top priority for the next regular session."

Dierschke said that Texas property owners are "deeply disappointed" by the
Legislature's failure to get eminent domain reform enacted.

SB 18 sponsor Senator Craig Estes stated, "I am profoundly disappointed that
this important legislation providing meaningful eminent domain reform to
protect private property did not get an opportunity for a fair and full debate
in the Texas House.  I remain committed to the issue of eminent domain
reform."   

An exchange on the House floor late Sunday evening between Representative
Harvey Hilderbran and HJR 14 Sponsor Frank Corte seemed to indicate that the
provisions of SB 18 are still needed to fully implement eminent domain reform.

"I really believe we need a strong statute, like Senate Bill 18," Corte said
on the floor.

"The passage of HJR 14, if approved by the voters, makes the situation better.
 It's a nice consolation prize," Dierschke said. "But, even with that
improvement, we're left with what we had before the session began - one of the
worst eminent domain laws in America."

About The Texas Farm Bureau

The Texas Farm Bureau works to provide a voice for Texas farmers, ranchers,
rural citizens and everyone interested in preserving and protecting this way
of life.  More on the Web at:  
Texas Farm Bureau website

TFB Eminent Domain website

TFB Facebook website

TFB Twitter website

NOTE:  For a photo of TFB President Kenneth Dierschke, other TFB staff, farm
and ranch photos and other agricultural information, visit the TFB Online
Media Center at http://www.txfb.org/MediaCenter/index.html.



SOURCE  Texas Farm Bureau

Gene L. Hall, APR, Director, Public Relations of Texas Farm Bureau, office,
+1-254-751-2246, cell, +1-254-733-6727, home, +1-254-732-1834, ghall@txfb.org
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