Texas Senate Bill SJR61

Texas 2019 - 86th Regular

Caption

Proposing a constitutional amendment prohibiting the taking of property by eminent domain for the purpose of transferring the property to a private entity.

Impact

The proposed amendment could have significant implications for future eminent domain cases in Texas by restricting the government's ability to appropriate private properties for the benefit of private entities. If passed, it would underline the principle that property should only be taken for truly public benefits, such as infrastructure projects or community developments, rather than for the enrichment of private businesses. This move could shift the landscape of economic development strategies within the state.

Summary

SJR61 proposes a constitutional amendment in Texas that seeks to prohibit the taking of property via eminent domain for the purpose of transferring it to a private entity. This resolution aims to provide greater protection for property owners by ensuring that property cannot be taken under claims of public use if the intended transfer is to benefit a private organization. The amendment specifically amends Section 17(b) of Article I of the Texas Constitution to clarify that such transfers for economic development or tax revenue enhancement do not qualify as public use.

Contention

The bill has garnered attention and sparked debate among lawmakers and the public. Supporters argue that the amendment strengthens property rights and protects individuals against potential overreach by government entities. However, opponents contend that it may hinder economic growth by preventing necessary developments that could benefit larger communities, as they could limit the government's ability to negotiate property rights for significant projects. This creates a tension between individual property rights and community economic interests.