Texas Senate Hearing on Eminent Domain Bill

There will be a hearing with the Texas Senate, State Affairs Committee, on Monday March 9, 2015 at 9:00 AM.  Senate Bill (SB) 474 is on the agenda for this hearing.  SB 474 deals with eminent domain, and requires the condemning authority to pay the legal fees of the victims.  This bill could certainly be stronger, but it does go a long way in protecting people from eminent domain abuses.  Also, this is probably our only chance in getting something like this passed this session, and there seems to be broad support for this bill.  Below is a copy of the bill, along with the agenda that shows the location of the hearing. 
If possible we need as many people as possible to testify in support of this bill.  If you are unable to make it to the hearing, please consider picking up the phone and calling the committee members listed below in support of this legislation.  Please share with your list, so that maybe we can actually come out of this session with something positive. 

84R7147 AJA-F
	By: Kolkhorst	S.B. No. 474

	A BILL TO BE ENTITLED
	AN ACT
	relating to the recovery of costs and fees in connection with
	certain eminent domain proceedings.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Section 21.047, Property Code, is amended by
	adding Subsection (a-1) to read as follows:
	(a-1)  If the amount of damages awarded by the special
	commissioners is at least 10 percent greater than the amount the
	condemnor offered to pay before the proceedings began or if the
	commissioners' award is appealed and a court awards damages in an
	amount that is at least 10 percent greater than the amount the
	condemnor offered to pay before the proceedings began, the
	condemnor shall pay:
	(1)  all costs as provided by Subsection (a); and
	(2)  any reasonable attorney's fees and other
	professional fees incurred by the property owner in connection with
	the eminent domain proceeding.
	SECTION 2.  The change in law made by this Act applies only
	to an eminent domain proceeding commenced on or after the effective
	date of this Act. An eminent domain proceeding commenced before the
	effective date of this Act is governed by the law applicable to the
	proceeding immediately before the effective date of this Act, and
	that law is continued in effect for that purpose.
	SECTION 3.  This Act takes effect September 1, 2015.

 

 

 

SENATE

NOTICE OF PUBLIC HEARING

COMMITTEE:    State Affairs  TIME & DATE:  9:00 AM, Monday, March 09, 2015  PLACE:        Senate Chamber  CHAIR:        Senator Joan Huffman

To consider the following:

SB 60         Nelson Relating to children's advocacy centers.

SB 450        Schwertner Relating to the liability of a political subdivision of this state for certain claims relating to land acquired by the political subdivision under certain circumstances.

SB 462        Huffman | et al. Relating to authorizing a revocable deed that transfers real property at the transferor's death.

SB 474        Kolkhorst Relating to the recovery of costs and fees in connection with certain eminent domain proceedings.

SB 512        Zaffirini Relating to the promulgation of certain forms for use in probate matters.

SB 610        Perry Relating to limited liability for an agritourism entity involved in an agritourism activity.

SB 779        Huffman Relating to the access to certain medical test results by a grand jury.

At the Chair's discretion, the Committee may also consider any pending business.

Public testimony will be limited to 3 minutes. If submitting written testimony, please provide 20 copies to the committee clerk with your name on each.

 

 

Senate State Affairs Committee

Clerk: Ashley Brooks

Phone: (512) 463-0380

 

Chair:

 

Sen. Joan Huffman

District: 17

Capitol Phone: (512) 463-0117

District Phone: (281) 980-3500

 

Vice Chair:      

 

Sen. Rodney Ellis

District: 13

Capitol Office: CAP 3E.6

Capitol Phone: (512) 463-0113

District Phone: (713) 236-0306

 

Members:        

 

Sen. Brian Birdwell

District: 22

Capitol Office: EXT E1.706

Capitol Phone: (512) 463-0122

District Phone: (254) 772-6225

Sen. Brandon Creighton

District: 4

Capitol Office: EXT E1.606

Capitol Phone: (512) 463-0104

District Phone: (409) 838-9861

 

Sen. Craig Estes

District: 30

Capitol Office: CAP 3E.18

Capitol Phone: (512) 463-0130

District Phone: (940) 689-0191

 

Sen. Troy Fraser

District: 24

Capitol Office: CAP 1E.12

Capitol Phone: (512) 463-0124

District Phone: (254) 939-3562

 

Sen. Jane Nelson 

District: 12

Capitol Office: CAP 1E.5

Capitol Phone: (512) 463-0112

District Phone: (817) 424-3446

 

Charles Schwertner

District: 5

Capitol Office: EXT E1.806

Capitol Phone: (512) 463-0105

District Phone: (979) 776-0222

 

Sen. Judith Zaffirini

District: 21

Capitol Office: CAP 1E.14

Capitol Phone: (512) 463-0121

District Phone: (956) 722-2293