Forwarded from Terri Hall of TURF:
NEED PEOPLE IN AUSTIN TOMORROW
TO TESTIFY AGAINST SB 18 (as written)!
to be heard by
Senate State Affairs Committee
February 3 at 9 AM
in Senate Chambers!
The horrible eminent domain bill, SB 18, will be heard by the Senate State Affairs Committee (to convene in the Senate Chambers) tomorrow, February 3, starting at 9 AM (no notice posted until late yesterday). The bill as written would continue to allow non-governmental and private entities the powers of eminent domain for particular “public uses,” including for roads, pipelines, urban blight and certain economic development purposes under the guise of “urban renewal.” “Public use” and “blight” are defined very broadly and means a developer can take your land if it can convince government it can make more money off a hotel than on an older home it deems is now “blight.” It could also mean a private, foreign toll operator like Cintra could be issuing the eminent domain notice (for a project it will personally profit from for 50 years) for a toll project since eminent domain powers for a “public use” listed in this section (CHAPTER 2206. EMINENT DOMAIN SUBCHAPTER A. LIMITATIONS ON PURPOSE AND USE OF PROPERTY ACQUIRED THROUGH EMINENT DOMAIN Sec. 2206.001.) are not confined to a “governmental” entity.
The bill REPEALS the mandate that entities involved in eminent domain for a utility or oil & gas pipeline produce certain information (repeal Sec. 21.024. PRODUCTION OF INFORMATION BY CERTAIN ENTITIES CONSIDERED TO BE CRITICAL INFRASTRUCTURE.), and this section also allows a landowner to collect attorneys fees if the entity fails to produce this information. The bill also restricts what a landowner can do with his land acquired for an oil and gas pipeline “easement” (Sec. 2206.002. LIMITATIONS ON EASEMENTS.). The procedures required for entities to follow (ie – public record vote) when initiating condemnation proceedings only applies to governmental entities, not private entities under SUBCHAPTER B. PROCEDURES REQUIRED TO INITIATE EMINENT DOMAIN PROCEEDINGS. The bill also expands certain powers to private entities that are now restricted to governmental entities since it strikes the word “governmental” from “entity” (See Sec. 21.012. CONDEMNATION PETITION. and Sec. 21.023. DISCLOSURE OF INFORMATION REQUIRED AT TIME OF ACQUISITION. and SUBCHAPTER E. REPURCHASE OF REAL PROPERTY FROM CONDEMNING [GOVERNMENTAL] ENTITY and Sec. 21.103. RESALE OF PROPERTY; PRICE. ).
When reading the bill, strikethroughs and underlined words are the changes in law that the proposed bill would make.
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