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HomeMy WebLinkAboutRes 01-29 Opposing Senate Bill 1398 and Legislation Creating a Compensable Taking in Connection with Zoning MattersTOWN OF WESTLAKE RESOLUTION NO. 01-29 A RESOLUTION OF THE BOARD OF ALDERMEN OF THE TOWN OF WESTLAKE, TEXAS, OPPOSING SENATE BILL 1398 AND ANY LEGISLATION CREATING A COMPENSABLE TAKING IN CONNECTION WITH ZONING MATTERS. WHEREAS, the Town of Westlake, Texas is charged with adopting and enforcing reasonable zoning and land use regulations within the Town; and WHEREAS, since 1927, the State of Texas had provided for and authorized municipalities to utilize legitimate police powers in regulating land uses through zoning; and WHEREAS, as provided in Section 211.004 of the Texas Local Government Code, the purpose of municipal zoning regulations is to lessen congestion in the streets, secure safety from fire, panic and other dangers, promote health and the general welfare, provide adequate light and air, prevent the overcrowding of land, avoid undue concentration of population, or facilitate the adequate provision of transportation, water, sewers, schools, parks, and other public requirements; and WHEREAS, the United States Supreme Court and the Texas Supreme Court have adopted specific Constitutional guidelines which govern the review of zoning regulations that might constitute a taking of property; and WHEREAS, through the exercise of a municipality's regulatory authority, compensation is not required under the United States Constitution or the Texas Constitution; and WHEREAS, Senate Bill 1398 proposes to require municipalities to pay compensation to property owners for decreases in property value caused by valid municipal zoning regulations; and WHEREAS, Senate Bill 1398 would compel municipalities to conduct costly, time-consuming real estate appraisals in connection with many proposed zoning changes; and WHEREAS, Senate Bill 1398 would severely impair the ability of municipalities to make reasonable zoning decisions that balance the public interest against private property rights; and WHEREAS, Senate Bill 1398 would undermine the intent of comprehensive plans of municipalities; and WHEREAS, the Board of Aldermen of the Town of Westlake is of the opinion that Senate Bill 1398 would substantially limit the ability of municipalities to make land use decisions that are in the best interest of the health, safety, and welfare of its citizens. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1: That the Board of Aldermen hereby opposes the adoption of SB 1398 and any legislation that would create a compensable taking in connection with the adoption of legitimate zoning regulations. SECTION 2: That the Town Manager is directed to send a letter to our State representatives and senators opposing the enactment of SB 1398 or any other legislation creating a compensable taking in connection with the adoption of legitimate zoning regulations. SECTION 3: That this resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED ON THIS 14TH DAY OF MAY, 2001. ATTEST: I Ginger Crbsswy, Town Sedbtary APPROVED AS, TO F( L. Stanton Lq)Wy, /Town Scott Bradley, Mayor Trent O. Petty, Town D6dager