Bill

SB 851

86(R) - 2019
Senate Water & Rural Affairs
Senate Water & Rural Affairs

Contact the Author

Charles Perry

Phone:

512-463-0128

Capitol Office:

E1.806

Email:

Vote Recommendation

Yes
  • Neutral
  • Positive
  • Neutral
  • Positive
  • Positive

Author(s)

Charles Perry

Bill Caption

Relating to the award of attorney's fees and other costs in certain proceedings involving a groundwater conservation district.

Fiscal Notes

No significant fiscal implication to the State is anticipated.

Bill Analysis

SB 851 would require that the losing party, in a case in which a groundwater conservation district is a party, pay attorney's fees of the prevailing party not to exceed $250,000.

Vote Recommendation Notes

Currently, groundwater conservation districts have a significant advantage in that if they are the prevailing party in a lawsuit, the landowner on the losing side must pay the GCD's legal fees. However, if a landowner wins, the GCD does not have to pay the landowner's attorney's fees. This bill would rectify that imbalance by requiring a GCD to pay attorney's fees to a landowner who prevails in a lawsuit.

This would remove a barrier to landowners seeking justice through the civil courts, and cause GCDs to be more cautious in the way they treat landowners as the consequences of being on the losing end of a lawsuit will be significant. We support SB 851 for uplifting the principles of limited government, property rights, and individual liberty. 

Contact the Author

Charles Perry

Phone:

512-463-0128

Capitol Office:

E1.806

Email: