Capitol Research Services of Texas > Reports
Private Real Property Rights Act
- Senate Bill 14 (1995)
- Chapter 2007, Texas Government Code
- Report: 57 pages
- Transcripts: 19 pages
- Fee: $195
Abstract
In 1995, the Texas Legislature passed the Private Real Property Rights Preservation Act (Chapter 2007, Texas Government Code) as S.B. 14.
The Senate bill analysis summarized the background and purpose of S.B. 14.
Background
The "takings
clause" of the Fifth Amendment of the U.S. Constitution
prohibits the governmental taking of private property for public
use without just compensation. The Texas Constitution contains
a similar provision in Article 1, Section 17.
A government can take private property in two ways: by exercising
its power of eminent domain through a process known as condemnation,
or by applying laws or regulations that are overly confiscatory
or restrictive of the owner's use of the person's property.
In addressing the "taking" issue, courts must balance
legitimate public goals with fundamental rights. Courts are
limited to applying broad constitutional language to specific
factual situations.
In Texas, governmental entities are not required to evaluate
the effect of their administrative and regulatory actions on
constitutionally-protected property rights. Additionally, there
is no statutory cause of action for private property owners
who believe governmental actions have resulted in a reduction
in the market value of their property.
To date, 12 states have passed private property rights laws:
Arizona, Delaware, Idaho, Indiana, Mississippi, Missouri, North
Carolina, Tennessee, Utah, Virginia, Washington, and West Virginia.
Recently, the U.S. House of Representatives passed H.R. 9 which
requires the federal government to compensate private property
owners for the effects of certain regulatory restrictions.
Purpose
As proposed, C.S.S.B. 14 sets forth regulations regarding state governmental or political subdivision actions regarding private real property.
Exhibits
1993
1. Tex. H.B. 485, 73d Leg., R.S., Master Bill History Report (1993)
2. Tex. H.B. 485, As Introduced, 73d Leg., R.S. (1993)
3. Tex. S.B. 1226, 73d Leg., R.S., Master Bill History Report
(1993)
4. Tex. S.B. 1226, As Introduced, 73d Leg., R.S. (1993)
5. Tex. S.B. 1226, Senate Committee Report, 73d Leg., R.S. (1993)
6. House Committee on Natural Resources, Interim Report to the
74th Texas Legislature, "Mitigation of property rights,"(November,
1994). [Excerpt.]
1995
7. Tex. S.B. 14, 74th Leg., R.S., Master Bill History Report (1995)
8. Tex. S.B. 14, As Introduced, 74th Leg., R.S. (1995)
9. Tex. S.B. 14, Senate Committee Report, 74th Leg., R.S. (1995)
10. Tex. S.B. 14, House Committee Report, 74th Leg., R.S. (1995)
11. Tex. S.B. 14, Conference Committee Report, 74th Leg., R.S.(1995)
12. Tex. H.B. 2591, 74th Leg., R.S., Master Bill History Report
(1995)
13. Tex. H.B. 2591, As Introduced, 74th Leg., R.S. (1995)
14. Senate Staff Services, Hearings on S.B. 14 Before the Senate
Committee on State Affairs, 74th Leg. R.S. (March 28, 1995)
15. Capitol Research Services, Debate on S.B. 14 On the Floor
of the Senate (Second and Third Readings-Excerpts), 74th Leg.
R.S. (April 12, 1995)
16. Capitol Research Services, Hearings on H.B. 2591 Before the
House Committee on Land and Resource Management, 74th Leg. R.S.
(April 11, 1995)
17. Capitol Research Services, Debate on S.B. 14 On the Floor
of the House (Second Reading-Excerpts), 74th Leg. R.S. (May 17,
1995)
18. Capitol Research Services, Debate on S.B. 14 On the Floor
of the House (Third Reading), 74th Leg. R.S. (May 18, 1995)
19. House Research Organization, "Property rights: A Balance
of Interests" (February 1, 1995)
20. House Research Organization, S.B. 14 Bill Analysis (May 17,
1995)
21. House committee on Land and Resource Management, Public Hearing,
Minutes, (March 28, 1995)
22. S.J. of Tex., 74th Leg., R.S. (1995)
23. H.J. of Tex., 74th Leg., R.S. (1995)
24. Act of June 12, 74th Leg., R.S., ch. 517, 1995 Tex. Gen. Laws,
3266
25. Texas Civil Practice & Remedies Code, Ch. 2007 (Vernon
2000)