Cattle Raisers Assoc. Eminent Domain Policy

Texas and Southwestern Cattle Raisers Association provided No Texas High Speed Rail it’s policy on eminent domain. TSCRA eminent domain policy is:

Eminent Domain Fairness

WHEREAS, it is recognized that the exercise of eminent domain powers is a valid governmental function; and
WHEREAS, it is recognized that there have been abuses by governmental and private entities possessing eminent domain powers; and
WHEREAS, the exercise of eminent domain should be appropriately limited and subject to the strict scrutiny of Texas courts; and
WHEREAS, actions to compel the taking of private property under law should
be transparent and subject to review; and
WHEREAS, it is essential that property owners be fully compensated and treated with fairness when forced to relinquish property rights; now, therefore, be it
RESOLVED, that TSCRA supports legislation to amend the Texas Constitution and other laws to ensure fair treatment of property owners by condemnors by:

1. Providing the landowner with a written statement or certificate of the condemnor’s right to exercise eminent domain as well as a copy of the condemnor’s resolution authorizing the taking of the landowner’s property and its letter to the Texas Comptroller registering the right of eminent domain;

2. Requiring advance written notice and complete information be given to the property owner regarding the project and the rights of the property owner before any negotiations commence;

3. Requiring that the condemnor negotiate in good faith and make a good faith offer in an amount designed to induce the voluntary transfer of property rights based on appraised fair market value of the property and damage to the remainder;

4. Requiring that the condemnor furnish to the property owner the appraisal and the form of easement agreement; and include the terms of the easement in the legal adjudication of the condemnation.

5. Providing for compensation for all losses suffered by the property owner, including the market value of the property taken, damage to the remainder, cost to cure, and diminution of access;

6. Providing for payment by the condemnor to the property owner of all costs and expenses, including attorney’s fees, when the condemnor misuses the legal process or unnecessarily threatens the interests of private property owners;

7. Providing that the condemnor pay all costs and expenses, including attorney’s fees, to the property owner when the award by the special commissioners or the court is greater than the condemnor’s original offer;

8. Providing written notice of the condemned property owner’s option to reacquire the condemned property, or property conveyed in lieu of condemnation, and all associated property rights, including mineral and groundwater rights, for the price paid by the condemnor if the original project causing the condemnation does not progress or is not completed within a reasonable time;

9. Requiring advance written notice to private property owners of the intent to survey or access the property and secure such consent in writing before entering the property;

10. Providing the landowner with an indemnity, proof of insurance, or written assurance that any damages occasioned by the survey or other activities, including construction, on the property will be the responsibility of the condemnor;

11. Requiring the condemnor to take full responsibility for themselves and contractors, including reasonable measures to monitor all gates, cattle guards, and fences securing livestock and repair or replace any such gates, cattle guards, and/or fences that are damaged;

12. Prohibiting access beyond the proposed and final condemnation area for unauthorized purposes;

13. Requiring that the condemnation will specifically reserve to the condemnee all rights to groundwater and minerals unless the taking is specifically designated for the taking of groundwater pursuant to Texas law;

14. Ensuring that the condemnor limit the width of any temporary or permanent easement to the minimum essential for the proposed project, restore any surface area and vegetation, and take steps to prevent and/or eliminate the invasion of noxious plants;

15. Requiring the condemnor to pursue alignments along existing right of ways of other utilities and along property boundaries to minimize damages to the landowner.

16. Requiring pipeline companies to adhere to objective routing standards similar to those in place at the PUC for power lines and requiring pipeline companies to receive approval from the RRC for the proposed routing through a contested case hearing.

17. Requiring the condemnor to provide condemnee with an estimate of reasonable attorneys’ fees required to evaluate the offer and proposed taking along with the appraisal and make an additional offer to pay this amount in a final settlement.”