Eminent domain is the inherent power of a governmental entity or private entity authorized by law to seize a citizen's private property, confiscate property, or seize a citizen's rights in property offering appropriate monetary compensation, but without the owner's consent. Some governmental entities include but are not limited to cities, counties, school districts, water districts, hospital districts, utilities, and pipelines. Land can only be taken by eminent domain if the proposed use for the land is for a public purpose. In Texas, however, ?public purpose? is not clearly defined. Currently the law only requires that the land be used in a manner that may benefit the public.



Another issue with the current Texas eminent domain law is it encourages those seeking to condemn a property to present the lowest possible ?fair? offer. Eminent domain law should be changed to require good faith offers from all condemning entities. There are some rules in place to protect land owners; however, fighting in an eminent domain case can be expensive with lawyer retainers and court fees. The law should be changed so that the entities would be required to pay all fees the landowner incurs in challenging unfair offers.

The Texas eminent domain law also needs to address diminished access. In many cases, the government takes away access to property without compensating the owner. They then turn around and often sell the owner access to their own property. The Texas government should be paying property owners for diminished access, not the other way around.

While many eminent domain bills have been introduced in the Texas Legislature, the comprehensive reform bills Texas Farm Bureau supports are SB 18 by Sen. Craig Estes and HB 1483 by Rep. Jim Pitts. Both of these bills address the "three pillars" of eminent domain reform: a good faith offer by the taking entity; compensation, including diminished access; and a clear definition of public use.

What can you do to help? Contact your State Senator and Representative and encourage them to support SB 18 and HB 1483.

Gene L. Hall is the director of public relations for the Texas Farm Bureau.