FOR IMMEDIATE RELEASE:
August 9, 2005

Texas Property Rights Coalition Urges Swift Legislative Action to Restore Eminent Domain Protections

Governor Perry praised for adding eminent domain issue to special session call

AUSTIN – Texas lawmakers have a second chance to restore the property rights protections Texans lost in the wake of the U.S. Supreme Court’s decision in Kelo v. City of New London.

“Lawmakers must act now to protect Texans from misguided government officials willing to tread on private property rights under the guise of economic development,” said Bill Noble, spokesman for the Property Rights Organization of Texas (www.protexas.org), a broad-based statewide coalition dedicated to securing protections lost in Kelo. “Governor Perry’s important and commendable move gives the legislature another chance to assure that hardworking families and small business owners in Texas will not have their property seized and given to someone else for private use.”

Senate Bill 7, authored by Senator Kyle Janek and co-authored by Senator Jane Nelson has already passed out of the Senate State Affairs committee and is awaiting action in the full Senate. Representative Beverly Woolley is also pursing a solution through HB 16 and Representative Frank Corte has filed HB 12 and HB 66. Representative Corte has also 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.

PROTex believes the most effective long-term approach to protecting Texans on this issue remains as an amendment to the Texas Constitution. The coalition also supports changing Texas law to prohibit state or local government entities from using the power of eminent domain for private development, but view this as only a short-term step until a constitutional amendment is passed.

Texas joins 13 states that are currently pursing changes to their state laws or constitution to address Kelo. On August 3, 2005 Alabama became the first state to protect its citizens from the negative impact of Kelo since the decision was announced.

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FOR IMMEDIATE RELEASE:
July 21, 2005

Property Rights Coalition Calls for Constitutional Amendment to Provide Lasting Protections for Texas Landowners

Group Applauds Efforts by Senator Janek and Representatives Woolley and Corte to reestablish private property rights lost in Supreme Court decision on Eminent Domain

AUSTIN – Texans may soon regain property rights protections lost following the U.S. Supreme Court’s decision in Kelo v. City of New London if legislation filed today in Austin is passed.

Texans can no longer rely on the U.S. Constitution to protect their property from the actions of misguided government officials willing to sacrifice one of the most basic American rights under the guise of economic development because of Kelo. The Supreme Court’s decision did allow that states are not precluded from “placing further restrictions on its exercise of the takings power.”

In response to the opening provided by the Court, 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.

“Texans lost constitutional protections with the Supreme Court’s decision in Kelo and we want those protections reestablished in the Texas Constitution,” said Bill Noble, spokesman for the Property Rights Organization of Texas. “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,” said Noble. “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.”

Texas joins 11 states that are currently pursuing changes to their state laws or constitution to address Kelo. Three states report that they currently have protections in statute or in their constitution.

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