Texas Republicans have led the way to protect private property rights in the wake of the Kelo vs. New London Supreme Court decision. After passing a bill last session to protect private property from eminent domain for economic development, Lone Star State Republicans are working to further strengthen those protections this session.
To that end, the House passed HB 2006 by Representative Beverly Wooley (R-Houston) which takes on definition creep that has occurred over time, and improves compensation to homeowners.
“For the last 70 years, private property rights in Texas have been eroded,” Wooley said. “House Bill 2006 restores private property rights of Texans by narrowing the definition of public use to allow for the taking of a person's property only for traditional Texas public uses; requiring that a condemning entity act in good faith; and by providing that a property owner receive adequate and just compensation reflective of the property's market value.”
The last point provides more than just the minimum level of compensation, but seeks to make property owners whole for the taking of land.
“It is my hope with the passage of this bill, that any property owner who sacrifices his property for the greater good, does not suffer an economic loss,” Wooley said.
Also this session, the House passed legislation by Representative Phil King (R-Weatherford), which required that school districts using eminent domain conduct feasibility studies to avoid land being taken before it is determined necessary for a particular use. The House also passed legislation by Rep. Jim Jackson (R-Dallas) allowing a public entity to sell property back to the original owner if the public use for which the taking was made is cancelled.
“For the last 70 years, private property rights in Texas have been eroded,” Wooley said. “House Bill 2006 restores private property rights of Texans by narrowing the definition of public use to allow for the taking of a person's property only for traditional Texas public uses; requiring that a condemning entity act in good faith; and by providing that a property owner receive adequate and just compensation reflective of the property's market value.”
The last point provides more than just the minimum level of compensation, but seeks to make property owners whole for the taking of land.
“It is my hope with the passage of this bill, that any property owner who sacrifices his property for the greater good, does not suffer an economic loss,” Wooley said.
Also this session, the House passed legislation by Representative Phil King (R-Weatherford), which required that school districts using eminent domain conduct feasibility studies to avoid land being taken before it is determined necessary for a particular use. The House also passed legislation by Rep. Jim Jackson (R-Dallas) allowing a public entity to sell property back to the original owner if the public use for which the taking was made is cancelled.
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