Category Archives: 2017 legislation

Lege Trend. Eminent Domain Limits by Industry. Rail Industry edition.

State: Indiana

The eminent domain legislation: 

  • heightens the public use standard
  • puts into state law a federal appraisal standard
  • limits the amount of land that can be taken, tying all the land to the public use

Northwest Indiana Times | Rail eminent domain changes win legislative approval

Indiana House Bill 1260 (2017)

5 Bills + 5 Companion Bills. Eminent Domain Reform for Rail Only.

A legislator coalition joined forces to limit eminent domain for high speed rail. Who is involved?

  • Senators Birdwell, Creighton,  Kolkhorst, Perry, & Schwertner
  • Representatives Ashby, Bell, Cook, Schubert, and Wray 

Which eminent domain issues are being addressed?

  • Pre-condementation Access to Property. SB 973 by Creighton/HB 2168 by Bell (Railroad Determination Before Surveys) – prohibits a high-speed rail entity from entering private property to conduct a survey unless the Texas Department…

2017. SB 742. Kolkhorst. Just the Facts.

SB 742 by Kolhorst.  Relating to requirements for a bona fide offer for the acquisition of property by an entity with eminent domain authority.

  • Requires easements to include more details on right of way, usage, size scope
  • Allows for damages related to the easement
  • Establishes 5 covenants:
    • securing the property owner’s land (locking gates etc)
    • maintaining the right of way
    • repair and restore land to the original condition or better than original condition
    • the owner shall be…

2017. Just the Facts. SB 741.

SB 741 by Kolkhorst. Relating to compensation to a property owner for property acquired by an entity with eminent domain authority.

  • Adds royalties and profit sharing to what maybe considered compensation to a property owner
  • Allows negotiations concerning compensation to be admitted into evidence during eminent domain proceedings.

Property Rights Group Applauds SB 740 SB 741 and SB 742. Just the Facts.

3 Reasons why Texans for Property Rights support Senator Kolkhorst’s eminent domain bills:

  • Expand upon progress made in landmark 2011 eminent domain legislation
  • Senator Kokhorst worked with the group and says the bills “…give[s] all landowners the new tools and safeguards they need to protect their land from eminent domain abuse”
  • The Cattle Raisers say “Property owners continue to be at a huge disadvantage when navigating the condemnation process and these proposed reforms are a great step…

Peach State. Allow Repurchase Faster. 4 Key Points.

How long does a person have to wait to purchase property taken by eminent domain in Georgia? The proeprty  must have been put to public use for 20 years

What repurchase proposal is being considered? Immediate purchase of property tken by eminent domain for blight

What group will be most impacted by this change? minority communities

What alternative city action could mitigate this state law change?  Stronger locla code enforcement

FOX 28 | Eminent domain amendment proposal to tackle…

Just the Facts. SB 629. The Eminent Domain Package via Senator Schwertner.

SB 629

  • The author list: Schwertner | Buckingham | Burton | Campbell | Creighton | Hall | Hinojosa | Hughes | Rodríguez | Seliger | Perry
  • What it does: Eliminates the addition of interest when agricultural land is converted to a non-agricultural purpose
  • What’s the hook? Landowners should be able to choose without penalty (interest) how to use their land

Just the Facts. SB 627. The Eminent Domain Package via Senator Schwertner.

SB 627

  • The author list: Schwertner | Birdwell | Burton | Creighton | Hall | Huffines | Kolkhorst | Nichols | Seliger | Zaffirini
  • What it does: Sets up rules for precondemnation access such as:
    • An owner can refuse entry
    • A condeming entity has to pay for damanges done during precondemnation access and inspection
    • If a condemning entity uses a permission form, the form has to meet 4 standards
  • What’s the hook?  Currently pre-condemantion access has very few rules