Bill Analysis: SB 292

February 7, 2025

Judge Shepard

Judge A. Shepard is a Policy Analyst for the Taxpayer Protection Project with Texas Public Policy Foundation, where he focuses on Private Property Rights.

Judge holds a B.S. in Forensic Chemistry from the University of Mississippi and a J.D. from Mississippi College School of Law.

When the government determines that it wishes to take ownership of Texans’ land, the process used is known as eminent domain. “Eminent domain is the right or power of a sovereign state to appropriate
private property for the promotion of the general welfare” (PennEast Pipeline Company, LLC v. New Jersey, 2021). Here in Texas, once a parcel of land has been identified to be appropriated, and prior to a final offer on said parcel, the Office of the Attorney General (OAG) must provide a Landowner’s Bill of Rights to the landowner of the parcel sought to be appropriated. The Landowner’s Bill of Rights outlines the rights of property owners in eminent domain proceedings. This section mandates that the OAG prepare a written statement to inform property owners of their rights when their property is being acquired by eminent domain. The Landowner’s Bill of Rights includes information on the condemnation process, the right to fair compensation, and the owner’s right to contest the taking. Senate Bill (SB) 292 introduces significant enhancements to the Landowner’s Bill of Rights regarding eminent domain properties.

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