TX HOMEOWNERS’ PRIVATE PROPERTY RIGHTS EXTENDED

Senate Bill 18 was passed by the recently adjourned Legislative session.  (1)  clarifies the definition of “public use” to more effectively constrain eminent domain to true public use.  (2)  requires state & local govenments, which seek to obtain private property, to make a written “good faith” offer to the landowner.  (3)  grants a “buy-back” to a landowner whose property is taken through eminent domain & not used for 10 years.  (4)  mandates the Condemnation Petition to state the public use purpose for the condemnation with a copy provided to the property owner.  The passage of Senate Bill 18 came after Texas voters overwhelmingly approved Proposition 11, which placed restrictions against eminent domain for economic development purposes in the Texas Constitution in 2009.