SB 740

85(R) - 2017
Senate State Affairs
Senate State Affairs
Eminent Domain
Property Rights

Vote Recommendation

  • Neutral
  • Positive
  • Neutral
  • Positive
  • Neutral


Lois Kolkhorst


Brian Birdwell

Bill Caption

Relating to the acquisition of property by an entity with eminent domain authority.

Fiscal Notes

There is an indeterminate fiscal impact to the state from the provisions of the bill due to the case by case nature of the requirements on future condemnation proceedings.

Bill Analysis

Under current law, entities which seek to seize private property through eminent domain are required to make a bona fide offer for voluntary transference of ownership. SB 740 would require that such offers be for at least 150 percent of the market value of the land; would require the disclosure of more information regarding land use and appraisal; create protections from liability for the original property owner; and require that courts show more preference to the property owner in legal proceedings.

This bill would also require the inclusion of information on a property owner's rights related to eminent domain in a landowner's bill of rights. Finally, this bill would require the Real Estate Commission to approve a "right-of-way agent responsibility course" on eminent domain law and property rights and would require class passage to meet certain continuing education requirements.

Vote Recommendation Notes

This bill supports the principles of limited government by increasing the requirements an entity must meet before condemning land through eminent domain. Additionally, informing landowners about their rights, protecting property owners from liability, and requiring legal preference upholds the principle of private property rights. For these reasons, we support SB 740.

Organizations Supporting

Farm and Ranch Freedom Alliance
Texas and Southwestern Cattle Raisers Association
Texas Association of Realtors
Texas Association of Realtors
Texas Cattle Feeders Association
Texas Deer Association
Texas Farm Bureau
Texas Forestry Association
Texas Land and Mineral Owners Association
Texas Nursery & Landscape Association
Texas TURF
Texas Wildlife Association

Organizations Opposed

Apache Group
Chesapeake Energy
City of Corpus Christi
City of Dallas
City of El Paso
City of Fort Worth
City of San Antonio
Concho Resources Inc.
Devon Energy
Enbridge Energy
Energy Transfer
EOG Resources
Exxon Mobil
Koch Companies
Occidental Petroleum
Permian Basin Petroleum Association
Shell Oil
Texans for Lawsuit Reform
Texas Alliance of Energy Producers
Texas Association of Business
Texas Association of Manufacturers
Texas Chemical Council
Texas Conference of Urban Counties
Texas Independent Producers and Royalty Owners Association
Texas Municipal League
Texas Oil and Gas Association
Texas Pipeline Association
Texas Royalty Council
The Association of Electric Companies of Texas, Inc
Travis County Commissioners Court
West Texas Gas