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.
Watch out for that tree!
Are you familiar with your local tree ordinances? If not, you might want to do some research before breaking out the chainsaw. Cities and townships across the country have some version of tree-related rules that property owners must follow, or face consequences. The Center for the American Future, TPPF’s public interest litigation team, has now challenged...