By Julie Tomascik
Associate Editor
A growing state with a strong appetite for new development has put a target on Texas private property, leaving landowners searching for a fair offer in eminent domain cases.
Those battles have played out in courtrooms for decades, and more will come.
That’s why Texas Farm Bureau (TFB) and other organizations, including Texas and Southwestern Cattle Raisers Association and the Texas Wildlife Association, are working toward eminent domain reform.
To do that, the organizations are collecting information on eminent domain takings through a survey.
“The questions are geared toward the issue of fair compensation,” TFB Associate Legislative Director Marissa Patton said. “We want Texas Farm Bureau members and other private property owners to share their experiences dealing with lowball offers, fighting for fair compensation and litigation costs. Or if they accepted initial offers because the entity offered fair market value, we want to hear about those experiences as well. We can use that information to help build a case for eminent domain reform.”
The Texas State Senate Affairs Committee, Patton noted, is working on an interim charge related to eminent domain: “Gather and review data on the compensation provided to private property owners for property purchased or taken by entities with eminent domain authority. Examine the variance, if any, between the offers and the fair market values of properties taken through eminent domain. Make recommendations to ensure property owners are fairly compensated.”
The legal process has improved over the years.
“We made progress in 2011 when SB 18 defined negotiating in good faith, setting out actions a taking entity must perform,” TFB President Russell Boening said. “But more protections are needed for property owners to be treated fairly in cases that affect their livelihood.”
Fair compensation, Boening noted, should be the only option because private property owners find it difficult to face the financial burden of litigation.
“It could be your land, your house or your private property rights at stake next year or 10 years from now,” Boening said. “Reform is needed to ensure fair compensation and prevent lowball offers.”
Click here to take the survey and share your experiences regarding eminent domain.
Additional tools may be used to collect more information prior to the 2017 legislative session.
Contact Patton at mpatton@txfb.org or 512-472-8288 with questions regarding the survey or eminent domain takings.
We are in the middle of a fight with Vista Ridge and Central Texas Regional Water Supply. They filed against us. We were in the middle of listing our home, but now we are in limbo because we have no idea what they are going to do. The water pipeline is slated to go right by our house. With this still up in the air, we can’t sell without disclosing the possibility of this happening. Now we are stuck with two homes because we were planning to sell. Now we have to lease it instead. There needs to be some kind of time limit.
Eminent Domain takings are a necessity, sometimes if negotiations fail, otherwise infrastructure could not be built. Eminent domain takings should not be for Private Entities, just for the good of the people through a Governmental Agency.
My neighbor was eminent domained and lowballed and the property sat for ten years and I got a rumor that I’am next now that they are building.The city that annexed us never gave anyone notice and was ten miles away.We gave a petition with 79 out of 102 signed not wanting it and they would not even look at it.
eminent domain I NOT intended for PRIVATE usage. it is to be used for the publics’ benefit, i.e.. schools, roads, and like uses. why don’t these pipelines use existing ROWs, roads, rail and utility paths. it is my property and they are PRIVATE companies and I do not want anyone on my property regardless of the compensation. this abuse must stop as the original use has been manipulated beyond belief.
I own a small amount of property. There is a pipeline going thru already, and now I have no choice but to let another pipeline come thru. The way these two pipelines (one has been there for over 40 years, the new one is supposed to be put in anytime) go thru my property, all my prime property is taken. If I DID NOT agree to this second pipeline, they were going to Eminent Domain me!!!! NO CHOICE!!!!!!
My home is in the process of eminent domain. They’re supposed to begin in this area in January, however, it’s October, and I have yet to receive an offer letter from them for the un”fair market value” of my home. I’m a newlywed of 3 month, and pregnant by 2 months. I work 40+ hours a week, and my husband is gone 18 hours a day, 6 days a week at work. If they intend to wait for the last minute, they picked the wrong pregnant woman.