I assume most counties have received the form from the Comptroller to list all statutes etc detailing eminent domain power pursuant to senate bill 18. Does anyone have a complete listing of a Texas Counties statutory autorization that will satify the requirements of the request?
I was about to start digging thru the books to see what i could find, but thought i would ask first.

I haven't gotten anything....

Lisa L. Peterson
Nolan County Attorney

Mike, are you getting us in trouble again?

My county judge recieved this cool little form from the comptroller that must be filled out and returned by Dec. 31st or we run the risk of losing our eminet domain authority...and i assume all other counties as well. It requires us to identify "ALL APPLICABLE PROVISIONS OF STATE LAW THAT GRANT EMINENT DOMAIN AUTHORITY TO THIS ENTITY"....as well as asking the first year we exercised eminent domain authority.....That will be fun to try and find....
Chapter 2206, subchapter B, Govt Code(amended by senate bill 18)

It may be simplier just to tell the county judge to get all condemnations that the county may ever need completed by Sept 2013.

OK, I see that we have to do it. It looks to me that the authority thing will be the same for all counties - any chance of one with more than one attorney doing the research and sharing?

Think I'll get my clerk started on finding condemnations...it may take her until 2013!

Lisa L. Peterson
Nolan County Attorney

I have a list started, which I have so far mainly compiled by looking at David Brooks' County and Special District Law treatise. I would be happy to email a copy of the list to others to see if anyone else knows of other provisions out there. My list does not include provisions applicable to larger counties or specific counties. My email is jtirey[at]halecounty[dot]org

Thanks Jim!
Sent you an email....
Mike

The Comptroller also asks for the first year the entity exercised such authority.....I have not been able to find an answer to that question. Reviewing the statute as amended, unless I missed it, I could not find a requirement that the year of first use be included with the information submitted to the Comptroller.....any ideas about how to answer that question?
"Unknown" seems like the appropriate response at this point.

I don't see that requirement in the statute either. I had not noticed that until your post, but I had wondered what the relevance of the question was. I assume we first exercised eminent domain back in the late 1800s, but I have not tried to search the court minutes to find out.

I handed that part of it to my clerk. As poorly as the oldest records are indexed, this may take awhile.

Lisa L. Peterson
Nolan County Attorney

I looked for about an hour yesterday in both the deed indexes and index to the commissioners court meetings back to 1884 and did not find any references to condemnation or eminent domain....I suppose i may have to check the district court index next to see the county ever filed a condemnation action. Tempted to put the date of county origin .

"We could tell you, but then we would have to terminate you with extreme prejudice."

DISCLAIMER FOR ALL INTERNET TROLLS: This is a lame attempt at humor. Attempting jokes about law is hazardous, and should only be undertaken by those with advanced training and experience. Do not try this at home.

This might be a good topic for the 2012 Civil Seminar. Or at least a hand out.

Sec. 2206.001. LIMITATION ON EMINENT DOMAIN FOR PRIVATE PARTIES OR ECONOMIC DEVELOPMENT PURPOSES. (a) This section applies to the use of eminent domain under the laws of this state, including a local or special law, by any governmental or private entity, including: (1) a state agency...

I read that as requiring the AG, or somebody, to file one of these letters on behalf of every State agency with eminent domain powers.

The authorities are:

Article I, section 17 of the Texas Constitution
&
Title 8, Subtitle B, Chapter 261 of the Texas Local Government Code

I'm curious as to what other "authorities" various counties are also using or believing must be cited in order to preserve the power of eminent domain. I'd appreciate a list. Chapter 261 applies to all counties. I view it as THE authority for Counties to exercise the power of eminent domain.

IMHO the intent of this legislation requiring the letter is targetted more at private corporations who, over the years, have been given the power of eminent domain by the legislature; particularly pipeline companies. Often times it's questionable whether a private corporation has that power, still has that power, or ever did. I think this part of the bill is to clarify the mess that has been created over the years with all of the grants of eminent domain power. I understand that ALL entities must report to the Comptroller by December 2012 (not 2011), but I believe citation to the Constitution and the Local Government Code covers us; can't imagine something further is required or else counties (governmental entities who are subagents of the State of Texas) will actually "lose" their power of eminent domain. Still, if a County has a local county hospital district or some other unique agency (?) related to it who has a specific statute giving it the power of eminent domain, then I believe a separate letter should be sent listing that entity's authority.

You have a much less jaded view of our Legislature than I do. I do think that it is important to list all statutes allowing a county to exercise eminent domain for particular purposes. Although Chapter 261 is extremely broad, I would rather be safe than sorry. You never know when the county will need to erect a livestock dipping station or to build a canal. I think the Legislature intends to strip any entity that it can of eminent domain power, be it public or private.

I wholeheartedly agree that all statutes giving authority to a county to exercise eminent domain should (and must) be listed. Embarrassingly, I displayed tunnel vision on the matter. My work for the County has always been under the authority of Chapter 261, but as Jim has kindly shared with me, their ARE a whole host of statutes that apply for various purposes. How naive of me to think that such a matter was simple and straightforward! My hat is off to Jim and others who have actually sat down and delved into the matter. Note to self: look before posting.

Here is a starting point. Copy and paste this into your browser window:

http://www.window.state.tx.us/sb18compliance/

I have written the following under paragraph 8:

"County governments are defined in the Texas Constitution and are functional agents of state government. Texas counties have the inherent sovereign powers of eminent domain within the jurisdictional limits of the county as derived from the people of Texas.

Texas Local Government Code Chapter 261 additionally provides for "County Right of Eminent Domain".

The exercise of the right is subject to the Takings Clause of the Texas Constitution, Article I, Section 17.

The civil administrative and judicial process is provided in the Texas Property Code, Chapter 21 Eminent Domain."



In response to No. 9 I have entered "unknown".

Please give me your thoughts on these responses.

Gary

[This message was edited by Gary Martin on 10-24-11 at .]

thank you all for your guidance as i was looking for assitance for the past week before i finally checked here.

I have also emailed the sb18compliance site for any further guidance they might provide.

i will provide that if i get a response.

Jeff Actkinson
Parmer County Attorney