On Thursday, February 3, 2011 the Senate Committee on State Affairs met. The only bill on the agenda was SB 18 by Sen. Craig Estes/ Robert Duncan relating to the use of eminent domain authority. Senator Robert Duncan, chair, clarified that this is the only bill on eminent domain that he plans to take up under 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, according to Duncan.
Key provisions of SB18:
- Prohibits governmental and private entities from exercising eminent domain if the taking of the property “is not for a public use.”
- Creates Barnett Shale-driven limitations on pipeline easements
- Establishes procedures that must be followed by governmental entities carrying out the exercise of eminent domain
- Establishes a means by which eminent domain authority can expire
- Establish conditions and requirements for property owners to repurchase property acquired through eminent domain
- Defines and requires “bona fide offer”
Most public testimony during the hearing was in support of the bill. There were a few witnesses who opposed the bill. There was a concern that the criteria listed under the repurchase section, also known as the buyback provision, would give too many allowances to an entity and not ensure that actual progress was taking place. Committee members noted that the seven criteria offered in the bill were carefully crafted to address multiple concerns.
The bill was passed out the committee with 6 ayes and 0 nays. The bill is now headed to the full Senate for a vote.
