House Passes Kolkhorst Eminent Domain Protection
April 29, 2009
For more information, contact:
Chris Steinbach, Chief of Staff
(Austin, TX ) The Texas House of Representatives approved House Bill 768 by Rep. Lois Kolkhorst, adding additional landowner protections against eminent domain abuse. The bill repeals a powerful but rarely-used process known as "Jury of View" from the transportation code. Under the controversial law, local governments can invoke a "jury of view" in order to remove important constitutional protections usually afforded to landowners. The legal procedure allows county commissioners to appoint five individuals to determine the path of a road and then assess any damages incurred by property owners with no appeals process.
"This is a great example of how getting rid of a law will protect our rights and give more power to the property owners," Kolkhorst said. "We need to shut down this loophole because it gives the government a way to avoid eminent domain proceedings."
Many landowners oppose the process, saying that a jury of view allows local governments to be the final arbiters of a land condemnation proceeding, and denies affected parties a new trial to review or challenge a condemnation decision.
Kolkhorst said she filed the bill after she was inspired by a constituent who faced the loss of land he owned in West Texas through the "Jury of View" process.
Critics say the process has sometimes been abused, and has been selectively used by local governments hoping to avoid the scrutiny that traditional eminent domain hearings may bring to controversial projects.
"This law denies the public their constitutional due process to landowner protections. It's time to get rid of it, and I'm glad my fellow lawmakers agreed," Kolkhorst said.
The bill passed unanimously and had the support of the Texas Farm Bureau.
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