ORDER NO. 30782 RESOLUTION CONCERNING EMINF,NT DOMAIN FROM 'THE TEXAS FARM BUREAU Came to be heard this the 24th day of March, 2008, with a motion made by Commissioner Letz, seconded by Commissioner Baldwin. The Court unanimously approved by vote of 4-0-0 to: Approve the Resolution from the Texas Farm Bureau. concerning Eminent Domain. .~ 1~~~ PLEASE FURNISH ONE ORIGINAL AND TEN (10) COPIES OF THIS REQUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT COMMISSIONERS' COURT AGENDA REQUEST `~r.r ~urrr MADE BY: Jonathan Letz, Pct. 3 MEETING DATE: March 24, 2008 OFFICE: County Commissioner TIME PREFERRED: SUBJECT: Consider, discuss, and take appropriate action on Resolution from the Texas Farm Bureau concerning eminent domain EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON) NAME OF PERSON ADDRESSING THE COURT: ESTIMATED LENGTH OF PRESENTATION: IF PERSONNEL MATTER -NAME OF EMPLOYEE: Time for submitting this request for Court to assure that the matter is posted in accordance with Title 5, Chapter 551 and 552, Government Code, is as follows: Meeting scheduled for Mondays: THIS REQUEST RECEIVED BY: THIS RQUEST RECEIVED ON: ~~ ~ ~~ Comm. Letz, Pct. 3 @ .M. All Agenda Requests will be screened by the County Judge's Office to determine if adequate information has been prepared for the Court's formal consideration and action at time of Court Meetings. Your cooperation will be appreciated and contribute towards your request being addressed at the earliest opportunity. See Agenda Request Rules Adopted by Commissioners' Court. 5:00 PM previous Tuesday March 18, 2008 rr+ Kerr County Commissioners Court Kerr County Courthouse 700 East Main Street Kerrville, Texas 78028 The Honorable Pat Tinley, Kerr County Judge Texas Farm Bureau and Kerr County Farm Bureau are membership organizations controlled by farmers and ranchers who derive their livelihood from agricultural production. Farm Bureau's purpose is to promote agriculture and maintain Texas' leading role in U.S. agriculture. Agricultural producers are threatened by the unfair exercise of Texas eminent domain law. These "takings" threaten fundamental private property rights, especially those of farmers and ranchers. We do not question the use of eminent domain for legitimate public projects. We do object to the current methods involved in those takings. We are also concerned about the growing trend to use eminent domain for economic development. We believe that when private property is taken the owners should be justly compensated. Currently, many of the thousands of entities with the power of eminent domain are clearly not acting in good faith. House Bill 2006, passed overwhelmingly in the last session of the Legislature would have addressed the concerns of our members and other rural Texans. Governor Perry rejected the opportunity last year to sign HB 2006, the most significant property rights legislation in more than. a decade. In doing so, he indicated that local. governments were in opposition to that eminent domain bill. HB 2006 passed the Texas House with 12~ out of 150 votes. The Senate passed it unanimously. Few bills get through the Legislature with that kind of support." Farni Bureau favors a bill similar to HB 2006 be passed early in the next session. That way, a veto could be overridden if the governor decided to take that action. HB 2006 leveled the playing field-now tilted in favor ofcondemners-for property owners in eminent domain proceedings. This legislation. helped property owners in many ways: by defining "public use" narrowly in statute; requiring good faith negotiations; imposing attorney's fees if the condemning entity negotiated in bad faith; and allowing the special commissioners who hear condemnation cases to hear all of the evidence that a willing seller and buyer would consider in selling property. In anticipation of this legislation being reintroduced in the next session, Kerr County Farm Bureau and Texas farm Bureau is asking you complete a questionnaire that will determine local government officials' opinions on eminent domain. This information ~r will be posted on the Texas Farm Bureau website to help our legislators measure local opinion. Please review the enclosed taking points and complete and sign the survey and return to us in the enclosed envelope or contact us at (830) 895-2525 for any questions or to have us pick up the survey. We appreciate your assistance in protecting our property rights and securing Texas agriculture's future. Sincerely ~z ~ es Duncan President Kerr County Farm Bureau .r `err EMINENT DOMAIN TALKING POINTS • Governor Perry vetoed eminent domain reform legislation, House Bill 2006, in the last Session. He blamed it on amendments by Senator Glenn Hegar and Senator Kyle Janek, claiming it would cost taxpayers too much, and require compensation be paid to property owners whose land was not even condemned. THIS IS NOT TRUE. • THE TRUTH IS only property owners who have land taken by condemnation will be compensated, and they will only be paid for actual damages. The Hegar and Janek compensation provisions are critical because they ensure property owners are paid fairly. Eminent domain reform legislation MUST include the following key provisions: • ALL FACTORS a willing seller/buyer would consider to value property should be considered in a condemnation hearing. This includes compensation for diminished access to any remaining property not taken by eminent domain. Current law allows compensation for diminished access only if no access remains after the condemnation. • Condemning entities must make a Good Faith effort to acquire property before starting condemnation proceedings. Condemning entities currently have an unfair advantage because they don't have to negotiate fairly. • Courts should be able to order condemning entities to pay for attorney's fees if there was not a good faith effort to voluntarily purchase the property. Holding condemning entities accountable helps ensure good faith negotiations. • "Public Use" should be defined to require condemned property to be used and owned by the state or the general public. Using eminent domain for private economic development should not be allowed, and this definition helps to stop that practice. Texas Farm Bureau Survey on Eminent Domain Reform 1 } I support a condemning entity being required by law to negotiate in good faith to purchase property before condemning it? Yes No 2) I support a condemning entity being required by law to compensate property owners for attorney and expert witness fees if there was not a good faith negotiation. Yes No 3) I support property owners being compensated based on ALL factors that would be considered in a willing buyer and willing seller transaction. Yes No 4) I support compensating a property owner for the devaluation of the remaining portion of property because of loss of access to the property. Yes No ~~. 5) I support a definition of "public use" that prohibits the condemnation of private property for economic development. Yes Name: Signed: Title: Date: No RESOLUTION NO. A RESOLUTION OF THE COUNTY/CITY OF TEXAS, REQUESTING THE MEMBERS OF THE LEGISLATURE SUPPORT EMINENT DOMAIN REFORM 81ST TEXAS WHEREAS, condemning entities are not required to negotiate in good faith with property owners because of the 2004 Texas Supreme Court case titled Hubenak; and WHEREAS, condemning entities are not required to pay property owners for all of the damages incurred during a condemnation because of the 1993 Texas Supreme Court case titled Schmidt; and WHEREAS, individual states can define "public use" to allow condemnation for private economic development because of the 2005 United States Supreme Court case titled Kelo; and NOW, THEREFORE, BE IT RESOLVED, COUNTY, TEXAS; Supports eminent domain reform and calls upon members of the 81st Legislature of Texas to pass eminent domain reform legislation that: 1. Allows all the factors a willing seller/buyer would consider in valuing property to be considered in a condemnation hearing. Including diminished access to any remaining property not taken by eminent domain, ~'" '' 2. Requires condemning entities to make a good faith effort to acquire property before starting condemnation proceedings, 3. Allows courts to order condemning entities to pay for attorney's fees if there was not a good faith effort to voluntarily purchase the property, 4. Defines "public use" to be property used and owned by the state or the general public, and does not allow for condemnation for private economic development. PASSED AND APPROVED by the County/City of the _ day of , 2008. APPROVED: County Judge/ Mayor Commissioner, Precinct No. 1 /Councilman Commissioner, Precinct No. 2 /Councilman Commissioner, Precinct No. 3 /Councilman Commissioner, Precinct No. 4 /Councilman Texas on this RESOLUTION NO. A RESOLUTION OF THE COUNTY OF _ ,TEXAS, REQUESTING THE MEMBERS OF THE 81ST TEXAS LEGISLATURE SUPPORT EMINENT DOMAIN REFORM WHEREAS, property owners are treated unfairly during eminent domain proceedings because the process is heavily slanted in the condemning entities favor; and WHEREAS, condemning entities are not required to negotiate in good faith with property owners because of the 2004 Texas Supreme Court case titled Hubenak; and WHEREAS, condemning entities are not required to pay property owners for all of the damages incurred during a condemnation because of the 1993 Texas Supreme Court case titled Schmidt; and WHEREAS, individual states can define "public use" to allow condemnation for private economic development because of the 2005 United States Supreme Court case titled Kelo; and WHEREAS, the 80th Texas Legislature overwhelmingly passed House Bill 2006 which would have reformed eminent domain procedures to make the process more fair to property owners; and WHEREAS, House Bi112006 was subsequently vetoed by Governor Perry; and WHEREAS, it is the desire of the County of ,Texas that a copy of this resolution with appropriate names affixed hereto be presented to the Governor of Texas and to the leadership of the 8l st Texas Legislature. NOW, THEREFORE, BE IT RESOLVED BY THE COUNTY OF TEXAS: That we support eminent domain reform and we call upon members of the 8l st Legislature of Texas and Governor Perry to pass eminent domain reform legislation that: Section 1. Allows all the factors a willing seller/buyer would consider in valuing property to be considered in a condemnation hearing. Including diminished access to any remaining property not taken by eminent domain, Section 2. Requires condemning entities to make a good faith effort to acquire property before starting condemnation proceedings, Section 3. Allows courts to order condemning entities to pay for attorney's fees if there was not a good faith effort to voluntarily purchase the property, Section 4. Defines "public use" to be property used and owned by the state or the general public, and does not allow for condemnation for private economic development. PASSED AND APPROVED by the County of _ day of , X008. ,,,, APPROVED: County .fudge Commissioner, Precinct No. Commissioner, Precinct No. 2 Commissioner, Precinct No. 3 Commissioner, Precinct No. 4 Texas on this the #30782 RESOLUTION NO. A RESOLUTION OF THE COUNTY OF KERB, 'TEXAS. REQUESTING THE MEMBERS OF THE 81ST TEXAS LEGISLATURE SUPPORT EMINENT DOMAIN REFORM WHEREAS, condemning entities are not required to negotiate in good faith with property- owners because of the 2004 Texas Supreme Court case titled Hubenak; and WHEREAS, condemning entities are not required to pay property owners for all of the damages incurred during a condemnation because of the 1993 Texas Supreme Court case titled. Schmidt; and WHF,REAS, individual states can define "public use" to allow condemnation for private economic development because of the 2005 United States Supreme Court case titled Kelo; and NOW, THEREFORE, BE IT RESOLVED, KERB COUNTY, TEXAS; Supports eminent domain reform and calls upon members of the 81st Legislature of Texas to pass eminent domain reform legislation that: 1. Allows all the factors a willing seller/buyer would consider in valuing property to be considered in a condemnation hearing. Including diminished access to any remaining property not taken by eminent domain, 2. Requires condemning entities to make a good faith effort to acquire property before starting condemnation proceedings, 3. Allows courts to order condemning entities to pay for attorney's fees if there was not a good faith effort to voluntarily purchase the property, 4. Defines "public use" to be property used and owned by the state or the general public, and does not allow for condemnation for private economic development. PASSED AND APPROVED by the County of Kerr, Texas on this the 24th day of Marr_h , 2008. APPROVED: County Judge r ~ r\ i -- ,Precinct No. 1 -~,,, Commissioner, Precinct No. 2 Commissioner, Precinct No. 3 Precinct No. 4