The Fifth Amendment grants the federal government the right to exercise its power of eminent domain the power to take private property for public use by a state, municipality, private person or corporation authorized to exercise functions of public character, following the payment of just compensation to the owner of that property.
State Rep. DeWayne Burns, R-Cleburne, filed House Bill 2684 on Thursday, which aims to level the playing field for property owners when they face off with government entities and corporations with infinitely greater resources.
Burns said it was his personal experience with eminent domain that prompted him to file the bill.
I know first hand the burden that the eminent domain process places on landowners, he said. You climb off a tractor and there is a person there telling you they are there to negotiate a fair price for land you didnt want to sell and at the end of the day if you dont want to sell it, it will be taken from you.
Burns said his family owns property in the southwest part of Johnson County and several years ago when the Barnett shale was really active, he and many other landowners in the area found themselves in negotiations for eminent domain.
We had multiple pipeline companies that were wanting to come across our property, he said. Some of the companies were easy to deal with and some were not. Sometimes we felt threatened by them. I felt like landowners at the time had no information and nowhere to turn and were dealing from a position of not knowing what is going on.
That is why I am fighting to ensure property owners are in the best possible position when faced with the taking of their property. In Texas, private property rights are a sacred principle, and I believe this legislation will help preserve that right without adversely affecting the businesses that are helping to grow our economy.
Malachi Solomon Tomlinson posted on the Times-Review Facebook page that he is in favor of the proposed bill.
In theory, Burns plan would give people more power over their own property against corporations, he said. Sad that we had to get to this point to make a bill when the constitution and the clause already give those rights. But what about when the state turns around and finds loopholes to seize land or work on it like they often do highways or roads? Still powerless.
Jennifer Hamblin said she thinks HB 2684 might not be effective.
We never truly own [our property] anyway even after the loan is paid off you still pay taxes, she said. You dont pay taxes they take your property either way. The government will take it like they do everything else. Plus they only give you barely what it is worth which if you try to find the same amount of property it costs double what you already had. Not very fair.
Burns said Texas is a growing state with a strong appetite for new development which has put a target on Texas property, leaving landowners searching for a fair offer and process in eminent domain cases.
The new legislation will provide for the reimbursement of landowner expenses if they are sued by a condemner and are ultimately awarded significantly more than the final offer, he said, It will also spell out the use and restriction details required within a condemners bona fide offer to ensure the entity will properly use and maintain the property.
Burns legislation was met with approval from individuals and organization who advocate on behalf of property owners across Texas.
This new legislation is a tremendous step toward fixing a faulty process that places landowners at a huge disadvantage when navigating the condemnation process, said Richard Thorpe, president of the Texas and Southwestern Cattle Raisers Association. We are grateful to have strong allies like Burns who are committed to defending the rights of private landowners and preserving our future.
HB 2684 will level the playing field
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Burns files bill to protect property owners - Cleburne Times-Review