Here is my updated list.

County_Eminent_Domain_Authority.pdf (156 Kb, 54 downloads) Eminent Domain List

Thanks, Jim. I have been too busy to really search out eminent domain cases - so am thinking I'll go with "no earlier than (date of creation of county).

We have done more research in our office on the specific authorities to recite in the report to the Comptroller. Based on more reading and analysis of the history of counties and ED powers in Texas, I would remove from my suggestion the words to the effect that Texas Counties have inherent powers and are sovereign (recognizing the Dillon Rule).

However, counties are recognized as agencies of the state in the Texas Constitution of 1876, and Counties built most of the roads before the state highway departments became common in the early part of the 20th century.
The first legislative acts delegating specific authority for the use of eminent domain appears to have been in 1911 and again in 1925. There are several appellate cases from the early 1930s that discuss these statutes. As highways started replacing wagon trails in the 1920s, the old method of laying out a road by jury was replaced by express delegation of authority from the Texas Legislature to Counties.
The Loc'l Gov. Code enacted in 1987 repealed many statutes dating to no later than 1911. So I feel safe claiming that Travis County has had statutory delegation of ED authority for at least 100 years.
I doubt there are records in many of our older counties for the laying out of roads.
But then if the intention of SB 18 is to clean the decks of condemning authorities (such as counties or local special purpose districts along with pipeline companies and urban redevelopment authorities), and those who do not report their authority are forfeited under the statute (constitutional?) then I look forward to the TDCAA postings beginning in 2013.

quote:

Originally posted by Gary Martin:
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 .]

Now that I have the missive from TAC and the urban counties...I'm seriously considering simply attaching it to my form as my list of authorities.

Anyone else looking to do that? Postage will be a killer, but less than the value of my time!

My Court asked me to compare my notes with TAC's (they had heard that they were working on this issue as well). I had listed most of what was in their packet, but did not have the full statutory language that they had included. However, I was told that they had already provided a copy to the Comptroller and received a positive nod. Therefore, I will be using what they provided to my County Judge.

If you want to know that your paperwork has arrived, take a look at http://www.window.state.tx.us/...compliance/lists.php The list shows all those who have completed the requirement.