Texas will hold a Constitutional Amendment Election on Tuesday, November 3. One such amendment to be voted on is the Fifth Amendment Section 17, Article I, by proposition eleven. The Fifth Amendment to the United States Constitution prohibits the taking of private property for public use without just compensation, a provision commonly referred to as the “takings clause.” Section 17, Article I, Texas Constitution, contains a similar clause prohibiting a person’s property from being taken, damaged, or destroyed for public use without adequate compensation, unless the property owner consents. The authority of government to claim private property for public use is called eminent domain. Texas has granted the authority of eminent domain by statute to entities other than the state, including political subdivisions, special districts, and private concerns, such as utilities and
common carriers. The process of acquiring property through the use of eminent domain is called condemnation.
So now that you know what is already in place allow me to explain what they are wanting to change. The proposed amendment would amend Section 17, Article I, Texas Constitution, to restrict the taking, damaging, or destroying of a person’s property for public use to circumstances in which the taking, damage, or destruction is necessary for the ownership, use, and enjoyment of the property by the State of Texas, a political subdivision of the state, the public at large, or an entity granted the power of eminent domain, or for the elimination of urban blight on a particular parcel of property. So in a nut shell, This would limit the legal reasons the State could use to take or use a person's property. Also, it would limit it's taking purposes. By this I mean that the property would have to be used by the State for the State. The State will no longer be allowed to take a property and hand it over to a private organization.
Sources: http://www.tlc.state.tx.us/pubsconamend/analyses09/analyses09.pdf
http://www.lwvtexas.org/2009VG/2009CAVG%5BFINAL%5D.pdf
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3 comments:
Excellent analysis. You got it right. Thanks for taking the time to do the research and be an informed voter.
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