- The author list: Schwertner | Birdwell | Burton | Campbell | Creighton | Hall | Huffines | Kolkhorst | Nichols | Zaffirini
- What it does:
- eliminates acquiring property as progress for a project that qualifies for eminent domain and thus repurchase of the property if the project isn’t moving
- requires a condeming entity to meet 3 of 5 , instead of 2 of 7, elements that define project progress
- What’s the hook? The talk of eminent domain being used for projects but then never…
Category Archives: 2017 legislation
Just the Facts. SB 626. The Eminent Domain Package via Senator Schwertner.
- The author list: Schwertner | Birdwell | Burton | Creighton | Hall | Huffines | Huffman | Kolkhorst | Nichols | Seliger | Zaffirini
- What it does: Requires a separate offer for any property “not reasonably necessary to complete the public use”
- What’s the hook? The land in this additional offer wouldn’t otherwise trigger eminent domain
HB1050. Texas Property Freedom Act. 3 Points from the Author.
HB 1050 by Valoree Swanson would:
- “protect the financial sustainability of property owners”
- “will repeal property taxes”
- 5 years & 2 legislative sessions would be the window to replace the property tax
Rep. Valoree Swanson | Representative Swanson Files HB 1050: The Texas Property Freedom
4 Eminent Domain Bills So Far. What do they do?
HB 528 & HJR 40 by Schofield swing the pendulum for repurchasing unused, condemned property by the original property owner.
SB 243 by Burton Sets up a veto for eminent domain authority by requiring that a majority of the county commissioners must support the use of eminent domain.
SB 379 by Perry
As loyal informedintel subscribers know, the Comptroller maintains a data base of what entities have eminent domain authority. There are 1000s of them. They should all…
Private Property Rights Bills. Via Rep. Schofield.
- HOAs and religious displays.
- Schofield seeks to remove restrictions related to materials & location that Hoas relied on to remove religious displays
- Schofield may seek to address the timeline of removal as it relates to an incident in Katy
- Eminent Domain. Schofield’s House Bill 528
- Property Owners can buy back unused property that was taken by eminent domain for the original price
- Schofield’s bill narrows what constitutes actual progress that triggers a buy back…
3 Pieces of Intel. Each New Texas Legislator.
+26 House:
- Valoree Swanson
- Baylor. Concerned Women of America. Real Estate Broker.
- Shawn Thierry
- Attorney. Howard Univ. & South TX College of Law. Big Borther Big Sisters.
- Mary Ann Perez
- U of H. Insurance. Former HCC Trustee.
- Jarvis D. Johnson
- Former Houston Council Member. Restraunteur & Consultant African Trade. Texas Southern.
- Tom Oliverson
- Anesthesiologist. Home Schools. Baylor College of Medicine.
- Briscoe Cain
- U of H. South Texas College of Law. Raised working…
Eminent Domain and the Border Wall. 3 Things to Learn from the Existing Border Fence.
- Eminent Domain was used to erect current border divisions.
- Nearly all the land on the Texas border is privately owned
- Its not going to be a fast process, the last litigation process was long and costly for the government.
Civil Asset Forfeiture. Law Enforcement Impacted by Property Rights.
How civil asset forfeiture can impact law enforcement:
- Patrols may be altered to focus on routes that move cash, and not on routes that move illegal goods.
- Citizens won’t challenge the seizure of small amounts of cash or old cars creating a revenue source of $4.5 billion in 2014, nationwide
Governing | Civil Forfeiture Laws Pit Police Versus Everybody Else
2 States Republican led Legislative and Regulatory Actions Kill Pipeline.
Which pipeline was scrapped citing legislative reasons? The Palmetto Pipeline set to run through South Carolina, Georgia and Florida
What caught the attention of the legislators and regulators? Whether a pipeline that traverses a state, without providing product to that state, can give the state a public benefit.
What was the action by the states on a legislative and regulatory level? Permits were denied & legislators paused the use of eminent domain by private entities so that the…
INTERIM. TX Senate State Affairs. Compensation. Eminent Domain. 1 Way to End Low Ball Offers. 2 Supporting Arguments.
How to end low ball offers by Texas A&M Real Estate Center: make condemning entities pay attorney fees if the court award is x% higher than the initial offer.
Why make condemning entities pay legal fees?
- Paraphrasing Senator Nelson- these are unfair transactions, these sellers are not willing sellers.
- Paraphrasing TXDOT testimony- when we go to court, we usually have to pay 26% more for the property.
Dallas Morning News | Here’s how to end ‘lowballing’ in eminent domain property…