Facts

You Can Help Protect Texans Personal Property Rights

Background

On June 23, 2005, the United States Supreme Court dramatically expanded the eminent domain powers of cities and counties to seize the property of one citizen for the benefit of another by finding governments can use their eminent domain power for economic development projects. This ruling opens the door for political subdivisions to acquire people’s homes and land for development projects that will allegedly boost tax revenues and economic conditions.

Historically the power of eminent domain has been used for public works projects such as rail lines, highways, or utilities. The Supreme Court’s ruling in Kelo v. City of New London ignores and reinterprets the plain wording of the Constitution and replaces it with a policy crafted by five un-elected Justices. This decision, however, also stated their ruling does not preclude “any State from placing further restrictions on its exercise of the takings power.”

In response to this infringement on citizens rights to private property protections, constitutional amendments and bills have been introduced in both the House and the Senate in the current special session of the Texas State Legislature. The legislation is designed to protect Texans from losing their homes and land so that cities can boost economic development in the area. In order to qualify for the November 8, 2005 ballot, the issue must be added to a special session call by Governor Perry and then must receive support from 100 representatives and 21 Senators.

Legislation Dealing With This Issue

Representative Frank Corte has filed House Joint Resolution 11 and Senator Kyle Janek has filed Senate Joint Resolution 5 to provide lasting protections for Texans through an amendment to the Texas Constitution. We believe that since Texans lost constitutional protections with the Supreme Court’s decision in Kelo and we want those protections reestablished in the Texas Constitution. As a result, we are urging lawmakers to ensure that in Texas our hardworking families and small business owners will not have their property seized and given to another citizen for private use under the guise of economic development.

Senator Janek and Representatives Beverly Woolley and Corte are also pursing a solution through SB 7, HB 16 and HB 12 respectively. We support SB 7 by Senator Janek and appreciate the Senate State Affairs committee for passing it out and on to the full Senate earlier today. We also support and applaud the efforts of Representatives Woolley and Corte to fix this issue in statute, but we believe the most effective long-term approach to protecting Texans remains as an amendment to the State Constitution.

Immediate Action Needed

In order for the State Legislature to pass this amendment, it is necessary that the issue be added to the official call of the special session. Additionally, 100 House members and 21 Senators must support the amendment so that it will be assured passage in both houses and can go to the people of our state on the November ballot. Our coalition maintains that this amendment is crucial to protect and insure the personal property rights of Texans throughout the state.

Please help us build support for this important task by joining our coalition and contacting your elected officials to get them to support adding this issue to the official call of the special session. Economic development should never come at the expense of personal liberty.