Texas House Bill HJR93

Texas 2021 - 87th 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.

Summary

HJR93 is a joint resolution proposing a constitutional amendment that aims to prohibit the taking of property by eminent domain specifically for the purpose of transferring it to a private entity. The proposed amendment seeks to redefine the term 'public use' within the context of property rights under the Texas Constitution. By excluding the transfer of property to private entities for economic development or tax revenue enhancement from the definition of public use, the bill represents a significant shift in the legal landscape surrounding property rights in Texas. This legislative proposal emphasizes the protection of individual property rights by restricting government authority to seize private property for private benefit. The change aims to alleviate fears among property owners that their land could be appropriated for private development projects under the guise of public use. The proposed amendment symbolizes a growing sentiment among some legislators and constituents against perceived government overreach in property matters. Notably, the measure could impact various aspects of state law, particularly in how eminent domain cases are approached in Texas. By redefining public use, it could limit local authorities and state government’s ability to facilitate projects that might be deemed beneficial from a public standpoint but involve transferring land to private developers, thereby complicating future economic development initiatives. The discussions around HJR93 may also lead to potential contention regarding balancing economic growth and protecting property rights. While proponents argue that this bill reinforces individual rights, opponents might raise concerns about the ramifications on economic initiatives that often rely on the use of eminent domain to stimulate development. The upcoming vote scheduled for November 2, 2021, serves to gauge public support for this transformative measure in property law.