CATTLE RAISERS COMMUNITY
Revised policies
Eminent Domain Fairness (LT-14) WHEREAS, it is recognized that the exercise of emi- nent domain powers is a valid governmental function; and WHEREAS, it is recognized that there have been abuses by governmental and private entities possess- ing eminent domain powers; and WHEREAS, the exer- cise of eminent domain should be appropriately limited and subject to the strict scrutiny of Texas courts; and WHEREAS, actions to compel the taking of private property under law should be transparent and subject to review; and WHEREAS, it is essential that property owners be fully compensated and treated with fair- ness when forced to relinquish property rights; now, therefore, be it RESOLVED, that TSCRA supports legis- lation to amend the Texas Constitution and other laws to ensure fair treatment of property owners by requir- ing condemnors to: 1. Provide the landowner with the condemnor’s (a) statement or certifi cate evidencing its right to exercise eminent domain, (b) resolution au- thorizing the taking of the property, and (c) letter to the Texas Comptroller registering the right of eminent do- main; 2. Provide advance written notice and complete information to the landowner regarding the project and the rights of the landowner prior to any negotiations; 3. Negotiate in good faith and make a good faith offer in an amount designed to induce the voluntary transfer of property rights; 4. Provide the landowner, at the time of the original offer, with an estimate of reasonable at- torneys’ fees required to evaluate the offer and pro- posed taking and make an additional offer to pay this amount in a fi nal settlement; 5. Furnish to the landown- er all appraisals and the form of easement agreement in a reasonable time frame so that the landowner has adequate time for review prior to any court proceed- ings; 6. Include the terms of the easement in the legal adjudication of the condemnation, and include in those terms a provision that landowners’ remedies for any breach by condemnor, in addition to damages, shall in- clude injunctive relief; 7. Require the specifi c proposed use of the easement, including infrastructure specifi - cations and products to be transmitted, to be identi- fi ed in the terms of the easement agreement, with the provision that the condemnor may not deviate from or expand the proposed use without an amendment to the easement to include the changed use and addi- tional compensation to landowner as mutually agreed upon; 8. Provide compensation for all losses suffered by the landowner, including the appraised fair market
20 The Cattleman December 2015
Jack Cook, center, director of commodity research and prod- uct development for the CME group, spoke on risk manage- ment for ranchers at the Marketing Committee meeting. At left is Tim Pennell, Westoff, vice chair, and at right is Austin Brown III, Beeville, committee chair.
Unmanned aerial vehicles, or drones, were one topic of discussion at the Brand and Inspection Committee meeting. Matt Robinson, center, with the East Foundation, San Anto- nio, shared how they use drones at the Foundation’s ranch in South Texas. At left is Special Ranger Sonny Seewald. At right is Larry Gray, TSCRA executive director of law enforcement and theft prevention.
Jay Evans, chair of the Natural Resources and Environment Committee, left, and Tom Boggus, director, Texas A&M Forest Service.
thecattlemanmagazine.com
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