Oil and Gas versus agriculture, among other groups ...
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For years now, Texas Sen. Lois Kolkhorst has aimed to strengthen protections for Texans whose property may be seized by the governmental or private companies building roads, oil pipelines and other projects considered to be for the public good.
The first bill the Brenham Republican ever filed as a state senator in 2015 would have forced the entity seeking to condemn property to reimburse landowners for attorney and professional fees if they were caught making lowball offers for the targeted land; state law requires them to make a good faith offer, but many landowners complain that the initial offers often don’t jibe with the true value of their properties.
The bill never got a vote. In 2017, a similar measure by Kolkhorst passed the Senate but died in the House.
This year, she is trying again with Senate Bill 421, which includes a similar reimbursement provision but is largely limited to private, for-profit entities. The measure also would require condemnors to hold public hearings for more expansive projects and use "standard easement forms."
How Texas regulates eminent domain is more relevant than ever amid a historic oil-and-gas pipeline building spree — which has sparked a fervent backlash in the Texas Hill Country — and a continued push to build a high-speed train between Dallas and Houston. Federal land condemnations also are underway in the Rio Grande Valley to build some of the first sections of President Trump’s border wall.
The issue poses an awkward quandary for Republicans who say they support private property rights, but also assert that taking private land is often necessary for business and border security. Texas GOP officials consistently receive significant campaign contributions from the oil and gas industry, which relies on eminent domain to build pipelines and other infrastructure.
