Wednesday, March 17, 2010
TFB--"fervor for private property rights justice has not cooled"
http://www.txfb.org/newsmanager/templates/TXFBTemplate.aspx?articleid=6156&zoneid=122
Barnett points out that the TFB's endorsed candidate Hutchison experienced a disappointing loss to Rick Perry; then he reiterates the determination of the TFB "to achieve true eminent domain reform. . . . TFB's fervor for private property rights justice has not cooled."
Barnett does not think that a Perry victory in November is a slam-dunk. Whoever wins, the TFB is going to continue their property rights fight, following the success of getting Prop. 11 into the Texas constitution last year. However, "Prop. 11, which prohibits the government from acquiring land for non-public use, was only the first step." Now, the TFB will continue to work for additional protections in the areas of fair market value, loss of access, and the right to repurchase.
"We must lay the groundwork now to remind our state representatives and senators of the importance this issue holds for all Texans. . . . 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."
"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. . . . The third time will be the charm."
Monday, March 8, 2010
Could Texas Farm Bureau face Perry payback?
Peggy Fikacs explores this question in her article "Farm Bureau unworred about Perry payback."
http://www.mysanantonio.com/news/columnists/peggy_fikac/Farm_Bureau_unworried_about_Perry_payback.html
Fikacs mentions the Texas Medical Association's former chief lobbyist Kim Ross, who believes Perry was responsible for his ouster after the TMA backed Tony Sanchez instead of Perry in 2002. I myself am aware of another similar situation from the Perry/Sanchez campaign.
However, Fikacs reports that the TFB "neither regrets its support for U.S. Sen. Kay Bailey Hutchison nor worries about reprisals from Gov. Rick Perry." TFB spokesman Gene Hall comments, “Our most recent endorsement of him was followed by the veto of the eminent domain reform bill, which is the most important property rights legislation in the last 20 years. Supporting him and not supporting him seems to be very similar.”
According to Fikacs, "Hall stressed the group has not closed the door on a Perry relationship. He's also not concerned about the Hutchison endorsement affecting his job security, though Perry is credited with a long memory toward those deemed political enemies."
Fikacs asked Perry spokesman Mark Miner if the TFB "might face payback." Miner responded, “We're focused on the general election and looking forward to receiving the support of numerous organizations as we did in the primary.”
Fikacs adds, "He didn't say, 'Or else.'"
Tuesday, October 27, 2009
Texas Farm Bureau--FOR Prop. 11
Regarding trying to protect property rights, he called it “all in all, a good session, but not a great session.” The TFB’s efforts were partially successful against eminent domain. Regarding the Trans-Texas Corridor, he said, “We want to take it off the books. We were so close at the end of the session in getting this [and other things that were in HB 300, the TxDOT Sunset bill], but it fell through.”
He noted that HB 300 would have repealed the Trans-Texas Corridor. It also included diminished access protection in eminent domain actions. Since HB 300 failed to pass, the Legislature had to extend the existence of TxDOT during the special session and will have to deal with TxDOT’s Sunset process during the next regular session.
The good news—TFB is pleased with $30 million in aid that passed for rural Texans, including funds for boll weevil eradication, feral hog control, and repair for earthen flood control dams. [Ed Komandosky, secretary/treasurer of Brushy Creek Water Control and Improvement District, spoke to the last meeting of the Coupland Civic Organization about the funding and repair work on the dams in our area.]
Beck calls SB 18 “a great bill that included good faith negotiation to treat the landowner as fairly as possible, by negotiating in good faith upfront before the property is condemned.” SB 18 also included more disclosures for the property owner and a ten-year buy-back provision, whereby if the condemning entity did not use the property within ten years, the owner could buy it back for the same price he was paid for it. Unfortunately, SB 18 was one of the bills left unpassed when time ran out at the end of the session.
Much of the problems that property owners have with condemning entities are not even with governments, but with others who have been given the power of condemnation, such as pipeline companies. There was a provision that the comptroller would be notified of all entities that have power to condemn. Then, if an entity does not sign up with comptroller, it loses its condemnation power. Unfortunately, this was not passed.
Beck said, “HJR 14 was passed and is Proposition 11 on the ballot. We still need to do more on eminent domain, but Prop 11 helps.” When asked if the TFB was prepared to start early next session to get more eminent domain protections, he said yes. He noted that this last session, it took too long to get more protections through the Senate--too long to get some Senators on board--and then the legislation failed in the last-minute gridlock. In this coming session, Beck hopes that the Senators already will be prepared to support protections, so that legislation can move through faster.
Friday, October 23, 2009
Proposition 11--a needed first step for protection against eminent domain
"Proposition 11 strikes back against the Supreme Court's 2005 Kelo v. City of New London ruling that private property can be taken by the government for the private benefit of another for economic development purposes or increasing tax revenue.
"If passed, Proposition 11 would specifically prohibit the use of eminent domain power 'for the primary purpose of economic development or enhancement of tax revenue.'
"This was a very serious threat in the original Trans Texas Corridor plan. When that plan became law in 2003 it included the power to take land for ancillary facilities for the express purpose of generating revenue. Since then the legislature removed that sweeping authority. Proposition 11 would ensure that such power is never restored.
"Additionally, Proposition 11 would restrict the expansion of eminent domain authority to more public or private entities; and, would limit excessive use of eminent domain to eliminate urban blight.
"Even if Proposition 11 passes, additional protections will be required to fully protect our private property rights. In 2007 the legislature overwhelmingly passed law (HB-2006) that would have provided much needed protection. Unfortunately, our Governor objected to granting those protections and vetoed that law.
"What message will you send the Legislature? The votes cast FOR or AGAINST Proposition 11 will serve as an indicator of public interest in protecting private property rights. If the measure passes strongly it will signal a continued public demand for protection of private property. If the measure fails, it will signal a loss of public concern over private property rights.
"Those of us who still want to see strong protections(like HB-2006) adopted into statute need Proposition 11 to pass by a large margin."
Monday, October 5, 2009
Texas Farm Bureau switches from Perry to KBH
When it comes to selecting the next governor of Texas, the choice boils down to one question for farm and ranch families in the Lone Star State: Which candidate can you trust?
"Time and again U.S. Sen. Kay Bailey Hutchison has earned both our trust and respect by listening to our concerns and acting on issues that matter," said Kenneth Dierschke, president of the Texas Farm Bureau.
Dierschke cited many examples of her support for Texas agriculture. Among them: her record in dealing with the Endangered Species Act, property rights issues, health care reform, the Farm Bill, the Clean Water Act and various trade issues.
On farm issues in particular, the senior senator from Texas has stood strong for farmers and ranchers from the Lone Star State, Dierschke added.
Tuesday, June 16, 2009
More between-session news--eminent domain; Perry signs non-existent document
SB 18 WITH SEVERAL EMINENT DOMAIN PROTECTIONS DIED
SB 18 was the bill desired by organizations like the Texas Farm Bureau. It called for more transparency in the condemnation process, compensation for diminished access, and the right for the owner to buy back property at its selling price if it was not used for the stated purpose within a certain time period.
SB 18 passed the Senate, passed out of committee to the full House, and was caught in the last-minute logjam caused by the delaying tactics on the House floor to avoid bringing up the voter ID bill.
HJR 14 CONSTITUTIONAL AMENDMENT TO PROHIBIT PRIVATE-TO-PRIVATE PROPERTY TAKINGS WILL BE ON THE BALLOT
Even though SB 18 died, HJR 14 calling for a constitutional amendment passed the House and the Senate and will appear on the November ballot. If approved by voters, it would prevent in Texas the situation that happened in the Kelo case, where the U.S. Supreme Court upheld the process of taking property from one private owner and giving it to another private owner. HJR limits the taking of private property to a public taking.
GROUPS CALL FOR EMINENT DOMAIN TO BE IN SPECIAL SESSION
Some, including Agriculture Commissioner Todd Staples, Texas and Southwestern Cattle Raisers, and the Texas Farm Bureau, are calling for stronger eminent domain protections to be addressed in a special session. Farm Bureau President Kenneth Dierschke said, “We have to guard against the possibility that some may declare the job done on eminent domain reform. If there is a special session, we hope Governor Perry will add it to the call. If there is not, this has to be a top priority for the next regular session.”
PERRY ALAMO SIGNING A SHAM
There have been several news accounts of Gov. 39% signing the authorization in front of the Alamo for HJR 14 to be on the ballot this November. The only account I saw that explains that the whole ceremony was a sham is from Ken Herman in the Statesman.
http://www.statesman.com/opinion/content/editorial/stories/2009/06/06/16/0616herman_edit.html
“Who amongst us does not enjoy political theater? . . . The only thing better than political theater is the subcategory of political theater/fiction. This would be when a politician performs in a little show that is fully make-believe. . . .
“A real trouper, Gov. Rick Perry showed up at the Alamo, right arm in sling from a recent bike wreck, and used his left hand to sign House Joint Resolution 14, a proposed constitutional amendment concerning eminent domain. . . .
“Beautiful. Perfect. Inspiring. And as phony as they come.
“Here's why: Texas governors have nothing to do with proposed constitutional amendments. When a proposed amendment gets the necessary two-thirds vote in each chamber — as HJR 14 did this year — it goes to the secretary of state, who puts it on the statewide ballot. Unlike proposed laws, proposed constitutional amendments are not routed through the governor's office.
“No vetoes allowed. No signature required. No signing ceremony needed. . . . It's all about re-establishing Perry as a private property-rights kind of guy, a credential he covets as he heads toward a 2010 renomination battle against Sen. Kay Bailey Hutchison. . . .
“Exactly two years ago Monday, Perry invited questions about his dedication to private property rights by vetoing a bill dealing with the concept of ‘diminished access.’ . . . the veto did not sit well with some, including the Texas Farm Bureau, holder of a potentially pivotal endorsement in the 2010 GOP gubernatorial primary.
“The 2007 veto came on the heels of Perry's ill-fated Trans-Texas Corridor highway project, one that also attracted the ire of folks who fear government taking of private property.
“Sen. Jeff Wentworth, R-San Antonio, stood with Perry on Monday. After the ‘signing’ ceremony, the 21-year legislative veteran could not immediately recall previously attending a ceremony where a governor signed something a governor has no business signing.”
Since there is no provision for such a signing, I wonder what Perry actually signed. Did his office make up an official-looking document that would be a fake with no significance? Then what happened to the signed fake document? Maybe it will become a collector’s item.
Friday, May 22, 2009
Yes to SB 18 for more protection against eminent domain
SB 18 has been changed somewhat since it was introduced. Some are saying that it has been fatally weakened, but others believe that it still gives property owners more rights than we have currently, including compensation for “diminished access” without using that exact phrase and providing for more transparency in the condemnation process.
The Texas Farm Bureau has been working on behalf of more protection against eminent domain throughout this session, and the Bureau is still strongly in favor of SB 18. To find your representative to ask him or her to vote for SB 18 go to
http://www.fyi.legis.state.tx.us/
Thursday, April 30, 2009
Help Farm Bureau to push for SB 18 eminent domain protection
Please call or email now to support SB 18 for better eminent domain protection! We can make a difference if enough of us contact our Senators!
The Texas Farm Bureau is asking people to ask their State Senator to support SB 18, which is a good eminent domain bill. It is expected to be voted on by the whole Senate this week. The Senator of many of us is Steve Ogden, who is not a coauthor of this bill. His Capitol office phone is 512-463-0105. Or send an email from his home page on the Senate Website:
Visit Home Page on Texas Senate Website
Or click on "Take Action!" in the message below to respond through the Texas Farm Bureau's website.
Here are some neighboring Senators:
Sen. Hegar, who represents Bastrop County, is a coauthor of the bill, so please thank him for this.
Sen. Kirk Watson of Travis County is not a coauthor.
Sen. Troy Fraser, who represents Bell County, is not a coauthor.
You can see how to contact them by going to the Legislature Online. http://www.legis.state.tx.us/Home.aspx
From the Farm Bureau:
Date: Thu, 30 Apr 2009 12:42:20 -0400
Please Contact Your State Senator in Support of SB 18-Eminent Domain Reform
Eminent Domain Reform to be voted on in Texas Senate
Take Action!
Contact Your Senator to Support SB 18 by Senator Craig Estes
Senate Bill 18 will be voted on by the Texas Senate this week. Senate Bill 18 is a strong eminent domain reform bill that protects property owners.
It ensures property owners receive a good faith offer before their property is condemned, and it provides property owners with fair compensation, including diminshed access.
Please contact your Senator and let them know you need their support for this historic property rights legislation.
Wednesday, April 29, 2009
Amendment to override governor's veto has passed the House, will be heard in Senate
HJR 29 has already passed the House with only token opposition: 131 Yeas, 16 Nays, 1 Present, not voting. Our HD 52 Rep. Diana Maldonado voted yes. HJR 29 now will be heard in the Senate State Affairs Committee on Thursday, April 30, in the Senate Chamber at 1 p.m. or upon adjournment of the full Senate.
Gov. 39% has used this tactic in the past to veto popular legislation that had overwhelming support of the legislators and their constituents, such as the strong eminent domain bill in 2007. Organizations like the Texas Farm Bureau worked hard on this bill all during the session, and it was greatly desired by property owners such as those threatened by the Trans-Texas Corridor. It passed the House 143-0 and the Senate 29-1. After the legislators went home, Perry vetoed it.
The progress of HJR 29 to authorize a way to override late vetoes is the result of Perry's past vetoes that annoyed enough legislators to bring things to this point. In other words, his past actions might come back to bite not only him, but future governors, who will have lost this power of their office due to Perry's abuse of it.
Tuesday, April 21, 2009
Action AGAINST eminent domain needed now!
Below is information, including contact information, from several groups.
TURF ISSUES BILL ALERT
HELP PROTECT LANDOWNERS FROM EMINENT DOMAIN ABUSE
Important eminent domain bills stuck in committee with only a few days left to get them passed and still have time to override a Perry veto. CALL NOW! Forcibly taking OUR private property and handing it to foreign corporations like Cintra or ACS, are the centerpiece of Perry's Trans- Texas Corridor and network of tollways. Landowners need protection and Perry vetoed a good bill last session. We MUST get this passed in time to override him.Tell these committees we want HB 1483 AND SB 18 voted OUT of committee NOW!
Email them here: - Senate State Affairs Committee- House Land & Resource Committee
LINDA CURTIS OF INDEPENDENT TEXANS SAYS ‘HAMMER THE COMMITTEE OFFICES NOW’
What can we do? Help get the eminent domain reform bills out of committee! We need to hammer the Committee offices (don’t be mean, but be firm) now!!
Easy Steps!
1. No matter where you live in Texas, call the Committee offices below and urge them to get House Bill 1483 and Senate Bill 18 out of their respective committees right away!
Senate State Affairs Committee: 512-463-0380 (Senate Bill 18)
House Land & Resource Committee: 512-463-1623 (House Bill 1483)
2. Call the Committee chairs and vice chairs no matter where you live in Texas.
SENATE State Affairs Committee (C 640)
Clerk: Kelsey Erickson Tel: (512) 463-0067 Sam Houston Building - Room 445
Robert Duncan, R-Lubbock, Chair (512) 463-0128 & Fax: (512) 463-2424, *call regardless of where you live Robert.Duncan@Senate.State.tx.us
Robert Deuell, R-Greenville, Vice-Chair (512) 463-0102 & Fax: (512) 463-*call regardless of where you live Robert.Deuell@Senate.State.tx.us
HOUSE Land & Resource Management Committee (C360)Clerk: Trey Burke Phone: (512) 463-1623 Room: EXT E2.136
Chair: Rep. Dennis Bonnen #25 (R) Dennis.Bonnen@house.state.tx.us
512-463-0564 & Fax (512) 463-8414, Brazoria County * call regardless of where you live
Vice Chair: Rep. Jessica Farrar 148 (D) Jessica.Farrar@house.state.tx.us 512-463-0620 & Fax (512) 463-0894, Houston, * call regardless of where you live
3. Forward this email to all you know in Texas.
4. Optional, but can be VERY helpful. Write a very brief letter to the editor of your favorite or local newspaper!
Get after it y’all!
Linda CurtisIndependent Texans http://IndyTexans.org
MARTHA ESTES NOTES ‘URGENCY’
ACTION Alert: SUPPORT Eminent Domain BILLS
WHY NOW? The URGENCY grows greater as the days in this session grow shorter… making an effort to OVERRIDE the expected PERRY Veto impossible. PERRY played the stall game and won in 2007 when HB 2006 was PASSED with massive support and KILLED by his Veto.
Saturday, March 7, 2009
Eminent domain co-sponsors needed--contact your State Senator and Representative
Dierschke says, "Both of these bills provide comprehensive eminent domain reforms, and each is almost identical to House Bill 2006 from last session. Senate Bill 18 and House Bill 1483 both have much needed provisions to help property owners protect their private property rights including: good faith negotiation, attorney's fees for bad faith negotiations, compensation for diminished access, and a stricter definition of 'public use.' Be advised that other Eminent Domain bills do not include the much needed 'diminished access' provisions."
"It is crucial that Governor Perry knows how strongly property owners support these eminent domain reform bills that include provisions for compensation. Each Senator or Representative can show that support by co-authoring Senate Bill 18 and House Bill 1483. If Governor Perry sees this kind of support, it will make it much more difficult to veto this legislation as he did last session."
"Powerful forces are working behind the scene to prevent these needed reforms. A grass roots effort by Farm Bureau is absolutely necessary."
Please call or write your Senator and Representative and ask for support for these bills. Find out who represents you at:
http://www.fyi.legis.state.tx.us/
Tuesday, March 3, 2009
Farm Bureau asks for support for bills against eminent domain
The Farm Bureau asks, “Please request your Senator or Representative to co-author SB 18 by Sen. Estes or HB 1483 by Representative Pitts. These bills are almost identical to HB 2006 that was passed and vetoed by the Governor in the last session. It is critical that we have enough co-authors to demonstrate an ability to override any potential veto.”