Relating to the exercise of the power of eminent domain by a political subdivision to take private property outside the political subdivision's boundaries.
Summary
SB 70 would prohibit a political subdivision of Texas from using eminent domain to take private property located outside its own boundaries. The bill amends Chapter 2206 of the Government Code, which governs limitations on eminent domain, by adding a new section that bars such extraterritorial takings regardless of any other law.
The bill applies only to condemnation proceedings in which the petition is filed on or after the effective date. Existing proceedings filed before that date would continue under prior law. The act would take effect on the 91st day after the last day of the legislative session.
Impact
SB 70 would change Texas eminent domain law by creating a categorical restriction on political subdivisions—such as cities, counties, special districts, and other local governmental entities—when they seek to condemn private property beyond their territorial limits. It would strengthen property-owner protections by limiting where local governments can acquire land through condemnation and would amend the statutory heading for Chapter 2206 to reflect location-based limits on eminent domain acquisitions.
Sentiment
Based on the bill text and the absence of recorded committee discussion or votes in the provided materials, the bill appears to be framed as a property-rights measure with a straightforward protective purpose. The available record does not show any formal opposition or support statements, but the substance suggests it would likely be viewed favorably by landowners and skeptically by local governments or entities that rely on regional infrastructure or utility projects crossing jurisdictional lines.
Contention
The main point of contention is the scope of local government authority to condemn land outside municipal or district boundaries. Supporters would likely argue that eminent domain should be confined to a subdivision’s own jurisdiction to prevent overreach and protect private property rights. Opponents may argue that the restriction could hinder infrastructure, utility, transportation, drainage, or public works projects that sometimes require land acquisition beyond a political subdivision’s borders. Because no committee transcript or vote history is provided, no specific legislators or stakeholder groups are identified in the record.
Relating to the eligibility of certain political subdivisions to receive a state loan or grant following the political subdivision's failure to comply with certain financial reporting requirements.