CPC S.B. 1389 75(R)BILL ANALYSIS LAND & RESOURCE MANAGEMENT S.B. 1389 By: Lindsay (Hamric) 5-15-97 Committee Report (Unamended) BACKGROUND Last session the Legislature passed the Private Real Property Act which included a two year exemption for counties. This exemption ends on September 1, 1997. Counties are concerned with the fiscal impact of this legislation due to pending litigation and requirements for Takings Impact Assessments. The issue of adjacent property could put a governmental entity in a catch-22. For example, if the county denies a permit for a sexually oriented business, the permit-seeker could sue, and if it grants the permit, the neighbor could sue, alleging effect on property values by location of the offensive land use. This problem could also apply when counties attempt to find a site for jails or juvenile boot camps. PURPOSE SB 1389 clarifies that Takings Impact Assessments should only be conducted for property directly affected, not surrounding land. The failure to prepare a Taking Impact Assessment as required by the Act could result in invalidation by a landowner suit with costs and attorney's fees being assessed against the county, counties must be sure about their responsibilities and duties regarding Takings Impact Assessments. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Subdivision (5), Section 2007.002, Government Code, to clarify that private real property which is adjacent or nearby to the property effected by a governmental action is not included under the provisions of this Act. SECTION 2. Effective Date: September 1, 1997. SECTION 3. Emergency Clause.