State Rep. Holland files House Bill 2556 seeking eminent domain reform

(ROCKWALL, TX — March 8, 2017) State Representative Justin Holland (R-Rockwall) filed HB 2556 which seeks to include fair market value replacement costs to structures and fencing of a landowner in the original appraisal of an eminent domain condemnation transaction.

“As a small business owner and real estate broker in Texas, I know firsthand that property rights are one of the most sacred liberties that Texans enjoy,” Rep. Holland said. “HB 2556, my component of eminent domain reform, will empower property owners and commission condemning authorities to extend fair market value offers to deserving landowners, additionally saving our state from frivolous administrative appeals costs by cutting out the tiresome back-and-forth of the broken process.”

Under Texas statutory property code, a public condemning authority is not required to appraise the replacement costs to landowners of structures lost in the action. Currently, structures on the condemned land are appraised at fair market value by a neutral third party appraiser.

“The result is an undue burden on property owners who often receive an amount that is less than what could be recovered in a private transaction,” Rep. Holland said. “Then, the property owner has to turn around and fork the bill for replacing fencing or additional structures which were taken during the condemnation action. I’m eager to work with my colleagues to ensure successful passage of much needed eminent domain reform.”

Rep. Holland joins Reps. DeWayne Burns (R-Cleburne), Trent Ashby (R-Lufkin) and Kyle Kacal (R-Bryan) in a slew of legislation offering significant improvements to current eminent domain laws. The group of legislators earned applause from The Texans for Property Rights Coalition for their efforts.

Led by the Texas and Southwestern Cattle Raisers Association, Texas Farm Bureau and the Texas Wildlife Association, the Texans for Property Rights Coalition consists of 25 organizations committed to the preservation of Texas’ private property rights. The coalition was organized to pursue eminent domain reform during the 2017 Texas legislative session, and will continue to work with legislators to secure the passage of these bills and others proposed in the house and senate that address the need for reform.

The coalition members include: Texas Farm Bureau, Texas and Southwestern Cattle Raisers Association, Texas Wildlife Association, Texas Association of REALTORS®, South Texas’ Property Rights Association, Texas Forestry Association, Texas Sheep and Goat Raisers Association, Texas Poultry Federation, Independent Cattlemen’s Association of Texas, Texas Grain Sorghum Association, Plains Cotton Growers Inc., Texas Land and Mineral Owners Association, Texas Association of Dairymen, Texas Cattle Feeders Association, Corn Producers Association of Texas, Riverside and Landowners Protection Coalition, Texas Grain and Feed Association, Texas Citrus Mutual, Texas Hill Country Heritage Association, Texas Coalition for Conservation, Texas Wheat Producers Association, Texas Agricultural Land Trust, Ranchers and Landowners Association of Texas, Texas Nursery and Landscape Association and the Tax Exchange Institute.

Submitted press release.

Our print edition is delivered free to 19,000+ homes in Rockwall and Heath, TX.