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Perry keeps promise to boost property rights before end of May
The last time we visited Gov. Rick Perry's promise to sign eminent-domain reform into law before the legislative session's end, the Texas Senate — but not the House — had approved a proposal to limit the power of governments to seize private property. We rated the promise In the Works.
Since then, Senate Bill 18, by Sen. Craig Estes, R-Wichita Falls, has received initial approval from both chambers, been hashed over in a conference committee, and then passed again by both the House and the Senate.
According to a May 6 news release from Estes and news reports, the final version of the legislation says governments can seize private property only for public uses and must make a "bona fide" offer, as defined in the law, to buy the property before starting the condemnation process. The measure also allows the former owners to buy back their property for the amount the government paid if the property has not been used as planned within 10 years.
The legislation hit the governor's desk on May 9, and he signed it 10 days later — 11 days before the end of the session.
When making his promise last August, during an interview with the San Angelo Standard-Times, Perry said he felt "comfortable" that an eminent-domain bill would be "ready and probably passed and signed well before" the session was over.
We rate Perry's promise Kept.
Our Sources
Texas Tribune, "Where Are Rick Perry"s Emergency Items?" April 29, 2011
Austin American-Statesman, "Capitol Digest: Bill would let docs dispense drugs; eminent domain sent to governor," May 6, 2011
Texas Legislature Online, Senate Bill 18
Sen. Craig Estes, news release, "Eminent Domain Reform Bill Passes out of Conference Committee," May 6, 2011