Governor Perry to call special session; TOP requests call to include SB 18 eminent domain reform legislation

Governor Rick Perry has announced that he will be calling a special session, but when has yet to be determined. Pending the session date, TWA leadership will respectfully request Governor Perry to include Eminent Domain Reform in the call.

SB 18 by Sen. Craig Estes attempted to reach a compromise with legislators and Governor Perry, which also included most of the key elements requested by TWA and other groups to achieve meaningful eminent domain reform. Unfortunately, the bill was caught up in the delaying tactics during the last days and failed to pass before the mandated deadlines. TWA President Randy Rehmann said, "While we are very supportive of HJR 14, the constitutional amendment proposed to the voters protecting citizens from eminent domain abuse by government for private enrichment, we would strongly recommend to the Governor that any special session address the completion of eminent domain reform and pass SB 18. This is a priority for our membership."

The Governor's office has advised they are still concentrating on the current stack of bills from the just completed regular session that must be signed, vetoed or allowed to go into law by June 21 before turning attention to a special session. Kirby Brown, Vice President for Public Policy added, "We certainly hope once the Governor can concentrate on the special session that he will agree to include SB 18 in the call. SB 18 is critical for the protection of the Texas public and provides fair and just measures and compensation related to eminent domain."

Comments

[Kirby Brown]

Governor Rick Perry's office just announced that he will hold a press conference in front of the Alamo on Monday, June 15th, at 10:00 a.m. to kick off the election campaign for HJR 14, the constitutional amendment on eminent domain reform that will be on the ballot next fall. TWA Vice President of Public Policy Kirby Brown added, "We are working with the Governor's office to build a crowd at the Alamo to launch this important campaign for the constitutional amendment. Our hope is that this will help build momentum for the eminent domain reform amendment before the upcoming elections."

Randy Rehmann, TWA President, encouraged TWA members to rearrange their schedules if possible and join fellow TWA members and other groups and supporters for the press conference. Rehmann also urges all TWA Members to forward this message and encourage other supporters to attend and stand with the Governor on this critical issue for Texas landowners and citizens.

[Kirby Brown]

TWA joins others to encourage a special session for tougher eminent domain law

The Austin American-Statesman recently reported that Texas farm and ranch groups are glad lawmakers have taken steps to revisit eminent domain law but say its "nowhere near" what is needed in a state where most land is privately held.

A measure approved by lawmakers — House Joint Resolution 14 — puts a constitutional amendment on November's ballot that would prohibit the government from taking private property exclusively for economic development.

The Institute for Justice, which represented the property owner in the Connecticut case, Kelo et al v. City of New London, has called the amendment "dangerous" and said it still would allow governments to take land for economic development. The group says eminent domain should only be allowed for public-use projects such as a new courthouse or library, and it supports the House version of the amendment, which it says has stronger protections for property owners.

"If Perry doesn't call a special session, projects will go forward quickly while eminent domain restrictions remain the same," said Kirby Brown, Executive Vice President of the Texas Wildlife Association, a nonprofit that works to conserve, manage and enhance wildlife and its habitat on private land.

"We do expect them (those having eminent domain powers) to do that," Brown said in the article. "I think it would be naive of anyone not to fast track projects and use the current eminent domain process to avoid what SB18 would have protected landowners from. I'm not optimistic."

For the complete story, click here: http://www.statesman.com/news/content/news/stories/local/06/08/0608eminentdomain.html