ISSUES POLICY Battle to Protect Private Property
Rights Continues By Leslie Kinsel, chair, TSCRA Legislative and Tax Committee P
ROTECTING PRIVATE PROPERTY RIGHTS CONTINUES TO BE A top priority for Texas and Southwestern Cattle Raisers Association (TSCRA). We’ve been fortu-
nate to have strong allies in the Texas Legislature who have worked with us to strengthen our state’s private property laws so they better protect the landowner. Unfortunately though, as Texas continues to grow in urban areas, so will the urban representation in Austin. Recognizing this reality, and under the strong be-
lief that it should never be easy for an entity to take someone’s private property, the TSCRA Legislative and Tax Committee streamlined and strengthened our eminent domain policy during the 2013 fall meeting. This new policy will be used to guide our efforts at the state capitol as we push toward stronger eminent domain laws for all landowners. Below is a summary of that policy and the key points. First and foremost, the exercise of eminent domain
should be appropriately limited and subject to the strict scrutiny of the courts. Any actions to take private prop- erty under the law should be transparent and subject to review. It is essential that property owners be fully compensated and treated fairly when they are forced to give up their property. TSCRA will support and push for legislation that
ensures fair treatment of landowners in eminent do- main proceedings by: 1. Requiring advance written notice and complete
information be given to the property owner regarding the project and the property owner’s rights before any
76 The Cattleman December 2013
negotiations commence; 2. Requiring that the condemnor make a good faith
offer in an amount designed to induce the voluntary transfer of property rights based on appraised fair market value of the property and damage to the re- mainder, furnish an appraisal to the property owner, and negotiate in good faith; 3. Providing for compensation for all losses suffered
by the property owner, including the market value of the property taken, damage to the remainder, cost to cure, and diminution of access; 4. Providing for payment by the condemnor to the
property owner of all costs and expenses, including attorney’s fees, when the condemnor misuses the le- gal process or unnecessarily threatens the interests of private property owners; 5. Providing that the condemnor pay all costs and
expenses, including attorney’s fees, to the property owner when the award by the special commissioners or the court is greater than the condemnor’s original offer; 6. Providing written notice of the condemned proper-
ty owner’s option to reacquire the condemned property and all associated property rights, including mineral and groundwater rights, for the price paid by the con- demnor if the original project causing the condemna- tion does not occur; 7. Requiring advance written notice to private prop-
erty owners of the intent to survey or access the prop- erty and secure such consent in writing before entering the property;
thecattlemanmagazine.com
Page 1 |
Page 2 |
Page 3 |
Page 4 |
Page 5 |
Page 6 |
Page 7 |
Page 8 |
Page 9 |
Page 10 |
Page 11 |
Page 12 |
Page 13 |
Page 14 |
Page 15 |
Page 16 |
Page 17 |
Page 18 |
Page 19 |
Page 20 |
Page 21 |
Page 22 |
Page 23 |
Page 24 |
Page 25 |
Page 26 |
Page 27 |
Page 28 |
Page 29 |
Page 30 |
Page 31 |
Page 32 |
Page 33 |
Page 34 |
Page 35 |
Page 36 |
Page 37 |
Page 38 |
Page 39 |
Page 40 |
Page 41 |
Page 42 |
Page 43 |
Page 44 |
Page 45 |
Page 46 |
Page 47 |
Page 48 |
Page 49 |
Page 50 |
Page 51 |
Page 52 |
Page 53 |
Page 54 |
Page 55 |
Page 56 |
Page 57 |
Page 58 |
Page 59 |
Page 60 |
Page 61 |
Page 62 |
Page 63 |
Page 64 |
Page 65 |
Page 66 |
Page 67 |
Page 68 |
Page 69 |
Page 70 |
Page 71 |
Page 72 |
Page 73 |
Page 74 |
Page 75 |
Page 76 |
Page 77 |
Page 78 |
Page 79 |
Page 80 |
Page 81 |
Page 82 |
Page 83 |
Page 84 |
Page 85 |
Page 86 |
Page 87 |
Page 88 |
Page 89 |
Page 90 |
Page 91 |
Page 92 |
Page 93 |
Page 94 |
Page 95 |
Page 96 |
Page 97 |
Page 98 |
Page 99 |
Page 100