AUSTIN – U.S. Sen. Kay Bailey Hutchison jumped into the eminent domain battle simmering at the state Capitol on Monday, saying landowners whose access to their remaining property is diminished because of eminent domain should be fairly compensated by the state.
Hutchison, who plans to challenge Republican Gov. Rick Perry in 2010, told the Texas Farm Bureau that she’s been a longtime ally and that addressing reduced land access is a part of protecting private property rights. Afterward, she told news reporters she “absolutely” believes the state should pay property owners for diminished access caused by eminent domain.
“I think diminished access, that diminishes the use of property, is part of what should be compensated,” she said.
That stance, in agreement with the farm bureau, appears to put her at odds with Perry.
The issue came up in a fight two years ago in the Legislature when Perry irritated the farm bureau by vetoing an eminent domain bill that addressed it. At the time of his 2007 veto, Perry said one reason for rejecting the bill was because it would have expanded damages a landowner could recover to include diminished access to property when part of a piece of property or nearby property is condemned.
“I think I made the right decision then,” he said.
Debate over diminished access already is popping up this legislative session, and eminent domain is likely to be an issue in next year’s GOP primary for governor.
Perry took a stand for property rights Jan. 22 when he invoked the name of Texas independence fighter Davy Crockett and said he wants to amend the state constitution to further protect private landowners from eminent domain abuses.
Texas Farm Bureau President Kenneth Dierschke said Thursday that Perry needs to sign “a meaningful bill, one that addresses compensation” to help restore his reputation as a defender of property rights.
Dierschke praised the governor’s recent comments about eminent domain reform. But he said the farm bureau won’t be satisfied with a “half loaf” and said certain property owner protections are needed, such as requirements for good faith negotiations and payment for all factors a buyer and seller would normally consider.
“He has not yet said anything about compensation for lost property value when takings reduce access to a property,” Dierschke said.
In an apparent reference to Perry, Hutchison told the farm leaders: “I did not have an epiphany on private property rights. I’ve been there since the beginning. And I hope that you all will remember that I have been there since the beginning.”