SB 18, commonly referred to as the Eminent Domain Bill in Texas, has been edited yet once again in a manner that I consider very favorable to property owners. Although SB 18 covers many topics, there is one in particular that should please property owners.
One of the provisions of the current version of SB 18 is that property owners will now have the right to purchase back the property that was taken from them if the acquiring agency does not use the property or advance the project within 10 years.
I have had several property owners express their frustration that an agency purchased property from the owner, depriving the owner from the rent, use or enjoyment of the property, only to have noting happen with the property. This is extremely frustrating for property owners who did not want to have their property taken from them.
SB 18 has a provision for property owners to re-purchase what was taken from them. That is a good step in the right direction.
Property owners should be pleased with the current version because the previous version required that the property owner pay "fair market value" for the property that was taken. The problem with that as I see it is two fold:
1) In 10 years after the property was acquired, what will the new "fair market value" be? Will it be higher than what was paid to the property owner? Probably. That means (according to the prior language of the bill) that property owners would be required to pay more to the acquiring agency than the agency paid the property owner. That doesn't sound fair to me.
2) Being very familiar with how public agencies determine "fair market value" I can tell you that there would be an additional cost of more than a few thousand dollars to hire an appraiser (of the agency's choosing) to determine the "fair market value" of the right-of-way for the property owner to re-purchase. Again, that does not sound very fair to me.
In summary, property owners should appreciate the added protections and rights granted to them in the most current version of SB 18. The Texas Senators are working on behalf of the property owners.
The purpose of this blog is to provide helpful information to property owners affected by right-of-way acquisition projects. Property owners have the right to: 1) Understand the project. 2) Understand how it will affect their property. 3) Be treated fairly and justly. 4) Appeal to a higher authority should it become necessary. If you have a particular right-of-way question, please let us know and we might answer the question here so that others in similar situations can benefit.
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