Eminent Domain Reform Coming Up

This week Gov. Perry made eminent domain an emergency agenda item, meaning the legislature will soon tackle the task of reforming current laws to better protect homeowners. In fact there are two bills being introduced, that if made into laws, will enhance protections for homeowners so that they aren’t getting the raw end of the deal in an eminent domain situation.

A Texas Realtor himself, Agriculture Commissioner Todd Staples just blogged about these new bills. Give his post a quick read to learn more.

20 Responses to “Eminent Domain Reform Coming Up”

  1. Danielle (1 comments.) says:

    Thanks for the person like me who is into real estate investing such a news is really important.

  2. Brandon (1 comments.) says:

    Thanks! didn’t see this in my newspaper or on tv.

  3. Joe McDermott (1 comments.) says:

    As usual Texas is leading the way. Out here in California the only ones getting government protection from eminent domaine are some birds and insects.

    The real tragedy comes when a municipality condemns someones property in an effort to help developers in the hope of increasing tax revenue. Hopefully this is a trend that will kick in around the country.

    Thanks.

  4. Richard Paul (1 comments.) says:

    In Spain developers and corrupt politicians (is there a correlation here..?) are better protected than birds, insects and homeowners! New laws are kicking but i fear too little too late.

  5. Nicole Arsenault (2 comments.) says:

    It never hurts to have someone in the legislature that is a Realtor when it comes to issues that affect Realtors. And I feel for you Joe, corruption still abounds…

  6. Abu Dhabi Real Estate (3 comments.) says:

    It clearly seems like Texas is leading the game and pretty much agreed with Joe California is the only ones getting government protection from eminent domaine are some birds and insects.

    Over all a informative read… Thanks.

  7. Hughes Group (1 comments.) says:

    Here in Idaho new laws were initiated back in 2006 and a great deal of argument took place over what and what should not occur. Eminent domain is a real topic of concern in real estate and especially to individual homeowners in key locations. Two points of note in the 2006 proposal (that appear to be helping our landowners now) included the following: Property owners will be compensated based on the “‘Highest and Best Use’ mean[ing] the highest estimated value of the property based on use to which the property is reasonably adaptable and capable, for use by any public body shall be valued at the use to which the public body intends to put the property, if such use results in the highest value for the land taken.”
    Also, the following statement helped alleviate some fears: “if an owner’s ability to use, possess, sell, or divide private real property is limited or prohibited by the enactment or enforcement of any land use law after the date of acquisition by the owner of the property in a manner that reduces the fair market value of the property, the owner shall be entitled to just compensation, and shall not be required to first submit a land use application to remove, modify, vary, or otherwise alter the application of the land use law as a prerequisite to demanding or receiving just compensation.” For more info: http://www.sos.idaho.gov/elect/inits/06init08.htm

    Through the mix of this legal jargon it’s clear to see that provisions were proposed to help protect our homeowners (ideas that will hopefully be taken into consideration out in Texas). But now, our concerns are making sure that these laws are enforced and our homeowners get their just compensation.

    But now my concern here with Idaho Real Estate (as well as elsewhere), is that real estate isn’t just about money, some people simply love where they live. What do we do about this?

    And possibly there is no answer to this endless question…

  8. Ogden Utah homes for sale (2 comments.) says:

    Hoping that same laws will be implemented here in Utah, providing homeowners with better protection.

  9. Deborah (3 comments.) says:

    Thanks for the inside track on what is going on. We as realtors need to know this information.

  10. Deborah (3 comments.) says:

    Good informative info. We as realtors need to know this & be informed

  11. Jack@AustinLandlordInsurance (1 comments.) says:

    Thank you for the heads up on this.. it is so important that citizens are aware of our representative’s actions – so we can make our voices heard. Thanks again for the info… interesting read. Great insight, Hughes Group. Thanks!

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  13. Al Reef villas Abu Dhabi (2 comments.) says:

    Thanks for the news because being in the real estate these kind of information and news are really important no matter if you are on the same location or not because being an investor we sometimes buy and invest in properties out of our area!!

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  15. I think it’s great that something’s being done. I don’t think it should be so easy for the government to simply usurp private land on a whim.

  16. We had a lot of eminent domain problems in Florida in the early 2000′s. As much as I love the real estate development aspect of it, I was not a big fan of people being forced from their homes. It’s def. something I could do without if the situation comes up again, especially on the Gulf Coast where it was done just for developers to force people out and steal the land.

  17. Agence immobilière vichy(new comment) says:

    Thanks for the information, it is important to know especially to real estate agents and homeowners.

  18. Mike Woods from Indianapolis(new comment) says:

    I think this is an area of the law that many states need to address. I think eminent domain has the potential to be abused by the government.

  19. Dan Krell(new comment) says:

    There’s a real potential for the abuse of Eminent domain; however, it’s not unusual in recent times for a municipality to be criticized because taken private property (via eminent domain) is not developed into “highest and best” use. http://dankrell.com/blog/2009/12/22/the-gambit-of-eminent-domain/

  20. Steven H(new comment) says:

    *Imminent (cringe)