SB 18 by Sen. Craig Estes/ Sen. Robert Duncan relating to the use of eminent domain authority was taken up on the Senate floor today.
Some of the questions on the Senate floor echoed previous sentiments from the Senate hearing last week, including questions on the repurchase section, also known as the buyback provision. It was again reiterated that the language on the bill was carefully crafted to address multiple concerns. The bill is substantially the same bill that passed the Senate in 2009 which had garnered major stakeholder input and support.
It was also pointed out again that the bill prohibits governmental and private entities from exercising eminent domain if the taking of the property “is not for a public use.”Additionally, under Section 21.042 the language in bill was stated to have a higher standard than diminished access.
It has been clarified that this is the bill on eminent domain that addresses the Governor’s emergency call on protecting private property rights/addressing eminent domain issues. All other bills relating to eminent domain will go through the normal bill process.
The bill passed out of the Senate with 31 ayes and 0 nays. It will now head to the House.