Trans-Texas Corridor The Roadway to No-way Warren Mayberry Texas Farm Bureau Trey Blocker Texas & Southwestern Cattle Raisers Association

Genesis HB 3588 authored by Mike Krusse Governor’s Initiative TFB at the time had no policy against the TTC TSCRA had no policy on the issue.

Land Owner Concerns Requires too much land Ancillary Facilities Transporting, Pumping and Selling Ground Water Loss of access to property Loss of revenue from property

City Concerns: Rural and Urban Loss of Tax base Economic Viability City transportation planning

The Political Reality All bills were rolled into one large transportation bill Bill must be signed by the Governor

HB out of 10 The TFB policy adopted in December of 2005 clearly states TFB is opposed to the TTC TSCRA continues to work on protecting landowner rights.

Priority Issues Ancillary Facilities Access to and across the corridor Utility of the Road Loss of Access and access to Remainder Water Diminished Access Quick take Environmental Mitigation/ Conservation Easement Toll Regulation Expiration of Option to purchase/lease back

Environmental Mitigation/ Conservation Easement Requires TxDOT to offer to purchase a conservation easement prior to purchasing or condemning property Makes condemnation a last resort for mitigation purposes.

Taxes Requires the taxation of private developers on state right-of-way Provides that a developer who leases a commercial rail facility or highway facility is required to pay property taxes on that facility and is subject to local zoning regulations and building standards. Requires a developer who is licensed or leases a facility on the Trans-Texas Corridor pay property taxes on that facility if it is used for a commercial purpose.

Diminished Access Requires the special commissioners to consider the decreased access to or from a landowner's property in determining damages to the property owner. Requires special commissioners to consider the loss of access to or from the remaining property in determining damage if the real property is appraised at ag value and is outside the municipal limits or the extraterritorial jurisdiction of a municipality with a population of 5,000 or more. Requires TxDOT, in situations of severed property, to pay: the value of the property acquired, and damages to the remainder of including damages caused by the loss of reasonable access of one tract from the other.

Utility of the Road Requires that TxDOT restore the utility of a road where the Trans-Texas Corridor intersects. Requires TxDOT to consider: financial feasibility; advice from county commissioners courts, governing bodies of municipalities, and metropolitan planning organizations; circuitry of travel for landowners; access for emergency vehicles; and traffic volume, … when determining access to the Trans-Texas Corridor by significant ranch-to-market and farm-to-market road s and major county and city traffic-ways included in the locally adopted long- range transportation plan.

Quick Take Allows for landowners to have a special commissioners hearing despite the “quick take” filing. States that the condemning authority must give 90 days notice to the property owner for a taking by early possession. Quick-take agreements expire after 5 years unless renegotiated by TxDOT.

Water Prohibits the pumping of ground water unless needed for construction, operation, or maintenance of a facility. Requires that water pumped from the right-of-way of the TTC is subject to local groundwater conservation district rules. Prohibits ground water to be extracted in the TTC right of way for the purpose of supplying ground water to a municipality Written notice must be provided to each groundwater conservation district, subsidence district, or other local water authority in the county in which the groundwater is pumped and commissioners court of the county in which the groundwater is pumped or extracted

Access to and Across the Corridor Requires direct access to the Trans-Texas Corridor where it intersects interstate highways, state highways, and U.S. highways. Prohibits TxDOT from limiting the public's direct access to or from the TTC with the intent to benefit the economic viability of an ancillary facility.

Toll Regulation A public hearing must be held by TxDOT’s TTC Commission before a non- toll road can be tolled Voters must approve the tolling of a non-tolled road TxDOT Commissioners must approve toll rates

Ancillary Facilities Removes ability to purchase land for a garage, store, hotel or restaurant on the Trans-Texas Corridor. Limits ancillary facility to gas stations, convenient stores or other similar facility. Limits that the gas station, convenience store or similar facility must be located in the median of the highway and can be no closer than ten miles from an interstate highway intersection and the Trans-Texas Corridor. Allows TxDOT to offer receive a percentage of identified revenue or an exclusive or nonexclusive right to use or operate a segment or part of the project.

Ancillary Facilities (Part II) Removes the authority to license or lease the ability to build a facility for unrelated commercial, industrial, or agricultural purposes. Requires county approval for each franchise or license for an ancillary facility. Allows property owners to retain development right Places a two-year moratorium on ancillary facilities

Expiration of Option to Purchase/Lease back Encourages TxDOT to acquire options to purchase property or to lease back property that is purchased or condemned but is not immediately needed for the TTC

Where does the Project Stand? Going forward as planned Environmental Impact Study submitted to the Federal Government (FootPrint)

80 th Session Legislation Relocation Expenses – SB 1657 by Sen. Nichols Condemnation -HB 3600 by Rep. Aycock Notice of Entry – HB 2557 by Rep. Zerwas Damages to Remainder – SB 1210 by Sen. Corona

CDAs SB 1267 Sen. Nichols Sec MORATORTUM ON CERTAIN TERMS IN COMPREHENSIVE DEVELOPMENT AGREEMENTS OR SALE OF TOLL PROJECTS. (a) Passed from Senate Dead in House Transportation Committee

Diminished Access SB 1711 by Sen. Hegar SECTION 1. Section (b-1), Transportation Code, is repealed. SECTION 2. Section (e), Property Code, is amended to read as follows: (e) If a portion of a tract or parcel of real property is condemned for the use, construction, operation, or maintenance of the state highway system or of a county toll project described by Chapter 284, Transportation Code, that is eligible for designation as part of the state highway system, the special commissioners shall consider any diminished access to the highway and to or from the remaining property to the extent that it affects the present market value of the real property, including any factors considered when determining actual fair market value of property for ad valorem tax purposes Passed Senate Dead (SORTA) in House Transportation Committee

HB 1892 by Rep. Smith Bill relating to tolling authorities in Harris county Kolkorst Amendment adds moratorium language from Nichols SB 1267 Other amendments – study group, restriction on outside investors, local control of CDA projects, including buy back provisions Limits CDA’s to 40 years All TTC documents to be public Allows TxDot to remain eligible for Federal $’s Requires AG to Review all CDA agreements Tolling entities must provide the SAO traffic and revenue studies. Public hearings and PIA

SB 792 by Sen. Williams Adds 10 years to CDA agreements Keeps local $’s for CDA’s in the locality Directs certain $’s to State Highway Fund 6 Indemnity for state Collaborative for toll rates and escalation Prohibits TxDOT from reducing district funding If local toll authority scraps a project TxDOT can develop Allows locals to use state ROW Toll entity and state may remove a project from state plan & transfer ownership Allows bonding authority

SB 792 by Williams (cont’d) Requires TxDOT to approve the use of state and federal funds for state highway projects Requires TxDOT to supervise work on SHPs Allows TxDOT to override local highway projects to ensure federal highway $ Clarifies formula for compensation to private participants on termination of a project eligibility

The Great or Not So Great Compromise on SB 792 Strikes the exemption for I-69 south of San Antonio River Exempts portion of HWY 77, US 281 and US 59 Changes limits of I-69 from South of SA to South of Refugio

HB )Defines “public use”  “use of property…that allows the state, a political subdivision of the state, or the general public of the state to possess, occupy, and enjoy the property.” 2)Requires a condemning authority to authorize condemnation of property in a public meeting with a record vote. Requires separate vote on each parcel to be condemned. 3)Bona Fide Offer. Requires a condemning authority to make a bona fide offer to acquire the property from the property owner through voluntary means. 4)Allows a landowner to repurchase condemned property at the price paid to the landowner by the condemning authority if the public use for which the property was condemned is canceled or not started before the 10th anniversary of the taking.

HB 2006 (cont’d) 5)Requires the special commissioners in a condemnation proceeding to consider all factors that might be considered by a potential buyer in an arms-length transaction when determining the value of the property being taken. 6)Allows the court to award the landowner attorneys’ fees and costs if it determines that the condemning authority did not make a good faith effort to acquire the property through voluntary negotiations. 7)Prohibits a water & sewer utility from condemning property to acquire water rights. 8)If property is taken for the construction of a road project, the special commissioners shall consider “any diminished access to the highway and to or from the remaining property to the ext

CALL TO ACTION Call, write and fax the Office of the Governor urging him to sign the most pro-property rights legislation passed in the last 30 years! Rick Perry P.O. Box Austin, TX Fax –

Wide Open Spaces This bill directly effects how land-owners will be treated when the government or any condemning entity comes knocking on your door!