State Sen. Glenn Hegar (R-Katy) yesterday called on Gov. Rick Perry and the Texas Legislature to support what Hegar called “real” private property rights reform by making sure diminished access is fully addressed in any eminent domain reform legislation.

  
Hegar made his comments after Perry held a press conference aimed at assuring Texans that steps were being taken to protect private property rights. 

HEGAR

At that press conference, and later in his State of the State address, Perry announced his support for identical bills filed by State Rep. Rob Orr (R-Burleson) and State Sen. Robert Duncan (R-Lubbock) that aim to strengthen private property rights in Texas. 

Neither bill, however, includes provisions designed to ensure that individuals retain full access to their property in the event a portion of it is taken through eminent domain actions by state or local governments. 

Hegar said while he fully supports any measures designed to protect private property rights, he remains adamant that true eminent domain reform will only be accomplished when the law entitles landowners to maintain full access to their property or be fully compensated for the loss of that access. 

Yesterday, Hegar also filed SB 622, which would ensure that people who have a portion of their property taken by eminent domain retain access to their remaining property and any adjoining portions of the state highway system.

In announcing his bill, Hegar recalled several of Perry’s recent comments about protecting private property rights.  

“Governor Perry said ‘the government owes landowners a genuine, good faith negotiation, not a land grab,’” Hegar pointed out. “He also said ‘government shouldn’t use eminent domain to take someone’s land without making a fair offer for that property.’”

Hegar said he fully supports those statements, but they don’t go far enough in assuring landowners will be fully compensated should the state restrict access to their property as a result of an eminent domain proceeding. 

“While no one can disagree with Gov. Perry’s statements, they simply don’t go far enough,” Hegar said.  “Does a ‘genuine, good faith negotiation’ mean that a landowner will retain access to his property?  Does a ‘fair offer’ preserve connectivity of the full property?”

Hegar said he believes most agree that a landowner who has a portion of his property forcibly taken through eminent domain should have the right to maintain access to their full property.  He said that any discussion of Texas’ laws concerning eminent domain is incomplete without addressing diminished access.

“Current state law leaves a gaping hole by failing to ensure that landowners retain access to their remaining property and major roadways following eminent domain proceedings,” Hegar noted.  “I am steadfastly committed to seeing that hole filled and will I work tirelessly to see SB 622 passed, because this issue speaks to true private property rights for Texans and is a matter of simple fairness.”

As currently written, Texas statutes are silent on the issue of diminished access. 

During the last legislative session, added an amendment to HB 2006, a comprehensive private property rights bill, that would have addressed diminished access issues. The bill was passed by state legislature, but was vetoed by the governor.

Perry cited Hegar’s amendment as the reason for the veto, stating in his veto proclamation that compensating people for diminished access would cost the state billions. 

Hegar said although the provisions included in HB 2006 may have resulted in higher compensation costs, that increase only underscored the fact that property owners are not currently being adequately compensated.  Hegar added he would continue to support the measure regardless of the cost to the state because of his firm belief that landowners should always be entitled to access their property or, in those very rare situations when it is not possible, should be compensated for their loss.

Hegar also noted that prior to a 1993 Texas Supreme Court decision, the State of Texas did compensate landowners for their full loss in eminent domain condemnations, including any diminished access. 

“That policy did not bankrupt the state prior to 1993, and I have seen no evidence that to re-adopt this basic and fair principle would imperil our state’s finances,” Hegar said.

Hegar pointed out his legislation would ensure that when condemnation of a portion of a person’s property results in diminished access to the remaining property or adjacent state highway, the landowner would regain equal access to the property or be fairly compensated.

“Imagine a rectangular piece of land accessible from both the north and south.  Now imagine that a condemnation proceeding resulted in the loss of one of those entryways,” Hegar said as an example. “In the case of a four-mile strip of land such a loss might not be significant, but in the case of a 40 mile strip, that loss would be of great significance, resulting in greatly diminished access and a greatly diminished property value.” 

Hegar said because of Perry’s veto of last session’s legislation, neither equal access nor damages are available today in Texas.  He said that he intends to pass his bill and send it back to the governor’s desk.

“I hope Gov. Perry really means what he says about protecting the private property rights of Texans and that he will join me in ensuring that such protection includes providing landowners with full access to their property or being fairly compensated for their loss,” Hegar said.  “I look forward to working with Gov. Perry and my colleagues to ensure that protecting private property rights is more than just campaign rhetoric, and instead, becomes the guiding principle in the way the State of Texas conducts itself in eminent domain proceedings.”