By Gene Hall

Texas' reputation as a private property rights state is somewhat overrated. Some of our political leaders talk about it a lot, but our failure to address eminent domain reform in a meaningful way is proof enough that we are not what some claim we are. Still, Texans undeniably care about property rights. That is the reason there is real hope that we break through the entrenched interests that like eminent domain the way it is. 

Some of my conservative friends feel they are on safe ground condemning government entities for abuses, yet, some of the most egregious cases have been at the hands of corporate entities with eminent domain authority. The list of folks who would rather not see reform is long. It does include municipalities, other government entities, pipeline companies, utilities, water districts and more. No one even knows how many entities have the power of eminent domain.

One thing we hear from our Farm Bureau members over and over again is this grating response, “We were told they’re taking it because they can.” Some basic customer relations training may be in order. Often, the taking authority offers less, knowing that only the most stubborn folks, with deeper pockets, can afford to fight them.

There are many things that can be done in the interest of fairness. Use existing rights-of-way whenever possible; minimize the damage to existing structures; clean up the mess; work with landowners instead of rolling over them. To be fair, all of this is done to some degree. Still, there is great anger from many who’ve experienced the process.

Eminent domain has been a part of law for more than four centuries. It came to the New World as part of European common law. It is so firmly established that it is useless to fight as a concept. I have myself described it as a necessary evil that is sometimes employed for the common good. At its best, it’s still evil. It’s always powerfully inconvenient. At times, it’s tragic.

Yet, Texas is growing so rapidly. The new Texans making their way here and those yet to be born will need roads, water, power and the infrastructure necessary to accomplish this. There is no way all of this can be stopped.

That’s why the efforts to reform eminent domain have focused on compensation. It’s ridiculous that a good faith offer is not even required to begin the proceedings. Market value is whatever the taking authority says it is. It’s also outrageous that property can be diminished in value with no compensation whatsoever. This has to change. 

Twice the legislature has been on the cusp of true reform. It has been derailed both times, once by veto and once by partisan bickering over another issue.

Yet, Texans have a powerful sense of fairness. Once again, those who are properly ashamed of our Texas eminent domain laws will attempt reform. When we get there, Texas will become the property rights state we now only pretend to be.

By Mike Barnett

We’re all aware of the financial toll of unfair eminent domain laws in the Lone Star State. Horror stories abound of sweet arrangements dealing raw hands to landowners when Texas laws deem property can be taken for the public good. What is rarely told is the human toll these archaic laws can extract.

Jim and Nazneen Talukder found the United States to be a land of opportunity. Natives of India, they immigrated first to California, and then found success in their medical practice in Texas. Jim had fond memories of his uncle’s farm in India, where he recalled fields of rice and wheat. Nazneen’s idea was to eventually build a home in the country. They followed their dreams to a perfect piece of land just north of McKinney—25 acres of green grass, trees—a place where they could entertain their friends and family, and perhaps make a home. Or so it seemed.

The illusion of an idyllic country life was soon shattered. With close proximity to Dallas, McKinney and surrounding communities are booming. With increased population comes the need for more public services, water and sewer included. The sewer lines between McKinney and neighboring Melissa come to a confluence at the Talukder farm. They were about to experience the horror of eminent domain laws in Texas.

Jim’s first experience in the fight for his rights as a property owner was an eye-opener. Trying to get a fair deal, he hired a lawyer. The land was condemned anyway. Jim was out both time and money. What followed were four years of construction, four years of animals escaping from torn fences, four years of heartbreak as the family watched the land they loved ripped and mangled by huge machinery.

Today, the land has been pieced back together in a hit or miss fashion. A sinkhole near the creek that borders the farm causes Jim concern for one corner of his property. A raw wound running the length of the property has been left by construction crews. A debris field straddles the center of the property. Unsightly manholes—the largest measuring four feet tall by eight to ten feet wide—dot one side of the small acreage.

Land that once brought pleasure now draws pain. More strife is due as another sewer connection is in the works. Efforts by Jim to negotiate how the line is to be run and the placement and configuration of more manholes failed.

Money talks for those with the power of condemnation, Jim feels. Financial considerations of the landowner are left unheeded. Who cares about emotional attachments? Damn the landowner. The cheapest route is the road taken.

The landowner is left to pick up the pieces—if they want them. Nazneen doesn’t. Jim is not sure. What once was a place full of laughter, of family and business get-togethers, now languishes. The joy is gone. What’s left is dreaded anticipation of the future.

Eminent domain laws in the Lone Star State are broken. Texans will have the opportunity to fix them as the Texas Legislature convenes in January. Let you state representative and senator know how you feel. Let the governor know, too.

Texas Farm Bureau members will lead the battle. We hope you will join the charge.

 By Mike Barnett

Okay, Texas Farm Bureau’s AGFUND endorsed candidate for governor lost the Republican primary. It was a huge disappointment for those who worked so hard to see Kay Bailey Hutchison heading our state government in Austin.

But as my blog writing partner Gene Hall said, the sun did come up on Wednesday morning. The birds sang. And life goes on. As does Texas Farm Bureau’s efforts to achieve true eminent domain reform.

Senator Hutchison recognized the archaic state of Texas property laws. She promised to right the private property wrongs which have plagued the Lone Star State. She promised to give true eminent domain reform priority in her administration. Although she was unsuccessful in a hard fought battle, Texas Farm Bureau’s fervor for private property rights justice has not cooled.

Nobody knows who will be elected in November. If the political pundits can be believed, it’s going to be a real horse race.

What I do know is although it has been bashed and battered over the last four years, the will to deliver eminent domain reform to Texas property laws has not been diminished. Farm Bureau leaders overachieved in their efforts to get Proposition 11 passed last year, and their efforts were rewarded as the constitutional amendment passed with the highest percentage of any of the proposals on the ballot.

But Proposition 11, which prohibits the government from acquiring land for non-public use, was only the first step. True reform will happen only when additional protections—including offers to landowners that represent fair market value, compensation to landowners for lost access to their property, and the right of landowners to repurchase land not used for condemning purposes—are added to state law.

 Texas Farm Bureau members need to work to finish reform efforts with the same intensity they tackled Proposition 11. We must lay the groundwork now to remind our state representatives and senators of the importance this issue holds for all Texans. New candidates for state government need to know where we stand.

When they go into session next January, state legislators must quickly affirm the language from last session’s SB 18, which unanimously passed the Senate but was tied up by the voter ID wrangling in the House as the session closed.

Any delay could be fatal to our efforts. If whoever is elected governor chooses to veto the reform bill, it would take every remaining day of the session to accomplish an override. There are many who are opposed to this effort to protect private property rights who will be seeking derailment at every opportunity. Those opportunities will abound with a legislative agenda crowded with Sunset bills, redistricting and dealing with an estimated $20 billion budget shortfall.

With the disappointments of the last two sessions, it would seem the deck is stacked against Farm Bureau in our eminent domain efforts. Not so. We are a grassroots organization of true believers. The fire to protect our rights as property owners burns deep within. We’ve come very close to achieving our goals two times.

Texans need eminent domain reform. Farm Bureau members are not timid in standing up for what they believe. We will work hard for success. I know we are up to the task. The third time will be the charm.

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Election Day is next Tuesday and with it, your chance to affect government.  We don’t do politics on this blog, but we do government. We criticize when called for and praise when earned.  Okay, I admit it.  There hasn’t been much to praise recently. 

The debate on all the cable news shows is over whether or not government, at the federal level is “broken.” Well, Duh.  Of course it’s broken.  It’s never been more broken and frankly we’re seeing a lot of that in Texas government as well.

The extremes of the political spectrum, left and right, are throwing a blue faced tantrum.  There is no pretense of compromise, no give and take.  In every human relationship, we negotiate, we compromise and we decide what we are willing to give up in order to get something else we want.  Why should politics be any different?  It’s not, and the inability to accept this simple concept is the reason government is broken.

My message to the far left is, “No, we are not going to accept pushing the U.S. toward a status akin to the socialist democracies of Western Europe.”  The current majority in Washington misread their mandate in trying to achieve this.  Having said that, we know that there are certain things that only government can do.  Left unchecked, markets and capitalism sometimes go off the rails.  Reasonable amounts of adult supervision and regulations are prudent.  Too much of it can be a disaster.  Just check out what’s going on at EPA.  Park the steamroller and seek out common ground.

My message to the far right is, “There has got to be more to your plan than ‘no new taxes or reduce taxes.”  Government has obligations.  I am closer to your position than to the left, but come on.  Stonewalling is a poor tactic.  Compromise is possible and desirable without sacrificing principle.  Failing to understand this is why you’re now in the minority.  Americans are with you on smaller government, but you really haven’t delivered on that.  We can’t spend like we’ve been spending under both Democrats and Republicans without the bill coming due.  I’m not comfortable in sticking my five month old granddaughter with the check.

What I’m getting at here is that both sides have their feet set in stone, claiming that it has to be all white or all black.  There are shades of gray in governing.  There are tough decisions that must be made.  People live in the big middle. Ideologues like to lurk on the edges.  If the left and right can move to the middle, I think they’ll find most people there waiting for them.  Governing is choices.  Governing is compromise.  It has been thus since the beginning of our republic.

If you think your elected officials need a nudge to get there, Tuesday is your chance.

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By Kenneth Dierschke
Texas Farm Bureau President

           Texans scored an “important but incomplete” victory by an overwhelming margin in the battle for private property rights with the passage of Proposition 11.
            The approximately 80 percent favorable vote is a clear message to the Legislature and the Governor that Texans are tired of eminent domain reform taking a back seat to political ambitions and business interests. But even with the passage of Proposition 11, Texas eminent domain laws still favor the condemner.
            True reform will happen only when additional protections are added to eminent domain law such as offers to landowners that represent fair market value, compensation to landowners for lost access to their property and the right of landowners to repurchase land not used for condemning purposes.
            Texas legislators in the last two sessions have proven willing to level the playing field for property owners. Except for his support for Proposition 11, the governor hasn’t.
            Hopefully, whoever sits in the governor’s seat when the legislature meets again in 2011 will hear Texas Farm Bureau’s message loud and clear. Proposition 11 is an important step for eminent domain reform in the Lone Star State, but only a step.
            Texas Farm Bureau members worked hard to ensure the overwhelming passage of this important private property rights amendment to the Texas Constitution. We will redouble efforts to make sure the job is complete.