TLRC position
Support
2024 · Property
Gives property owners further recourse when facing condemnation for eminent domain.
HB 2119 / SB 1983
Bill description
Eminent Domain - As enacted, establishes generally that a condemner bears the burden of proving by a preponderance of the evidence certain facts relative to public use; grants the property owner a right to have a court of competent jurisdiction determine if the taking is necessary to accomplish the public use.
Eminent Domain - As enacted, establishes generally that a condemner bears the burden of proving by a preponderance of the evidence certain facts relative to public use; grants the property owner a right to have a court of competent jurisdiction determine if the taking is necessary to accomplish the public use.
Bill sponsors
TLRC statement
If passed, this bill amends current law to curtail the powers of eminent domain. It requires that the condemner bears the burden to prove with specific facts and evidence the need for taking the property.
This amendment would also give the property owner the right to have a court determine whether the taking of the property is necessary to accomplish the public use. This is an added protection to farmers, small businesses, and homeowners as there should be a significant burden in taking property from law-abiding citizens for public use.