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 thoughts on “Eminent Domain Reform Coming Up”

  1. 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.


  2. 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.

  3. 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…

  4. 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.

  5. 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…

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

  7. 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!

  8. Tokyo Electric Power Company employees after the confirmation of the first nuclear power plant Unit 3 of Fukushima around the intake of contaminated water to leak found. To find out whether the contaminated water into the ocean, the East power using the wand with a camera investigation found that from a distance closer to the wharf on the coast to keep the water out of seawater.

  9. 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!!

  10. Brainstorm a list of words that describe your work and portfolio. Include as many words as possible. Words about your emotions during the creative process are helpful. Include techniques, styles and themes. Setting up an email alias is one way of avoiding the hassle of having to many email in boxes to review. Thanks a lot.

  11. 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.

Comments are closed.