Sen. Rodney Ellis, Chairman of the committee on Government Organization, submitted a request to the Attorney General (AG) in regards to changes to eminent domain law enacted by the 82nd Legislature. Specially Ellis asked:
- What is the definition of “political subdivision” as discussed in Subchapter A, Sec.2206.001?
- Does the definition of “political subdivision” under Subchapter A, Sec. 2206.00 1 include cities, counties, the state, water utility districts, river authorities, gas and electric utility companies, railroads, or any other quasi-condemning authority?
- Is the definition of “political subdivision” limited to condemning authorities who also have taxing authority?
- Do the relocation benefits discussed in Sec. 21.046 (a) and (b) apply to transactions that close by agreement and do not go to condemnation?
Briefs are due by Thursday, May 24, 2012 and a decision from the AG is anticipated a few months after.
More details on the request or updates can be found at: https://www.oag.state.tx.us/opinions/opinions/50abbott/rq/2012/pdf/rq1056GA.pdf