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