5 Eminent Domain Bills Filed Thus Far

On par with bill filing rates in 2013, 5 eminent domain related bills have been filed to restrain or prohibit the use of eminent domain or the the taking of private property:

• SB 178  Relating to prohibiting the use of eminent domain to take private property for recreational purposes.
• HB 565  Relating to powers of private toll project entities.
• HB 572 Relating to the sunset review of regional tollway authorities.
• HB 264  Relating to procedures for asserting taking claims against certain governmental entities.
• SB 234 Relating to the creation and operation of a park and recreation district in counties that share a border on the San Marcos River and to the authority of the district to collect fees; creating an offense and providing penalties.

Anticipated bill filings: Bill responding to the summer 2014 Railroad Commission rulemaking, which was a response to 2013’s HB 2748, which was a response to the Denbury case.