Bill: SB 628, 85(R) - 2017
Committee
Senate State Affairs
2nd Chamber Committee
House Business & Industry
Vote Recommendation
| Vote Recommendation |
Economic Freedom |
Property Rights |
Personal Responsibility |
Limited Government |
Individual Liberty |
| Vote Yes; Amend |
Neutral |
Positive |
Positive |
Positive |
Neutral |
Author(s)
Charles Schwertner
Bill Caption
Relating to establishing actual progress for the purposes of determining the right to repurchase real property from a condemning entity.
Fiscal Notes
From the Legislative Budget Board: the fiscal implication can not be determined.
Bill Analysis
Under current law, for property purchased through eminent domain to not be eligible for re-purchase from the previous owner the completion of two of the following actions must be completed: a performance of a significant amount of labor to develop the property; the provision of a significant amount of materials to develop the property; the hiring of and performance of a significant amount by an architect, engineer, or surveyor; application for state or federal funds for development; or application for a permit for development.
SB 628 would now require three actions be completed. A navigation district or port authority would only be required to complete one action.
Vote Recommendation Notes
This bill enhances our limited government, personal responsibility, and property rights principles by holding the government more accountable for using property purchased through eminent domain for the purpose it is designated for and allowing the previous owner to re-purchase the property if the requirements are not met. We support SB 628; however, we believe it can be strengthened further by removing the exception for navigation districts and port authorities.
Organizations Supporting
Farm and Ranch Freedom Alliance
Texas and Southwestern Cattle Raisers Association
Texas Association of Realtors
Texas Farm Bureau
Texas Public Policy Foundation
Texas Wildlife Association
Organizations Opposed
Association of Electric Companies of Texas
City of Fort Worth
City of San Antonio
Texas Association of Counties
Texas Conference of Urban Counties
Texas Municipal League
