Senate Passes Land Rights Bill

AUSTIN, Texas (AP) _ The Texas Senate voted Monday to expand the rights of property owners who face having their land taken by the government.

The bill by Republican Sen. Craig Estes of Wichita Falls would limit eminent domain land takings to projects for public use only. It would require governments to make a “bona fide” offer for the property before condemnation.

A property owner would be entitled to be paid for any loss of market value if the taking impairs their access to the land they still have. Any land taking would also have to be done by a record vote in a public meeting.

Gov. Rick Perry vetoed in 2007 an eminent domain bill that addressed diminished access. Perry is now pushing a constitutional amendment to safeguard landowners’ rights.

The Senate bill also requires property owners be given an initial offer for the land in writing, and prohibits governments from requiring confidentiality agreements.

Governments would also have to tell the landowner that he or she and their heirs may someday be able to repurchase the land for the price paid to acquire it.

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