Texas House Bill HJR92

Texas 2021 - 87th Regular

Caption

Proposing a constitutional amendment concerning the right to repurchase real property acquired by a governmental entity through eminent domain.

Impact

If HJR92 is enacted, it would amend Section 52j of Article III of the Texas Constitution, clarifying and reinforcing the rights of property owners regarding repurchased property. This change seeks to ensure that property owners affected by eminent domain can reclaim their property under fair conditions and at the original purchase price. The implications of this amendment could bolster protections for property owners against perceived overreach by governmental entities in property acquisition, offering them a route to reclaim their land if the original public purpose is not fulfilled.

Summary

HJR92 is a joint resolution proposing a constitutional amendment that addresses the rights of individuals regarding real property acquired by governmental entities through eminent domain. The proposed amendment specifies that individuals from whom property is acquired, or their heirs, successors, or assigns, should have the right to repurchase the property under certain conditions. This right is contingent upon circumstances such as the cancellation of public use for which the property was acquired, no actual progress made towards the planned public use over a specified duration, or if the property is deemed unnecessary for public use.

Contention

Debate surrounding HJR92 may center on the balance between public need and private rights, especially in light of potential pushback from governmental entities that argue that such amendments could complicate or deter essential public projects. Those in favor of the amendment contend that it provides a necessary check on governmental power, ensuring that property owners are treated justly in eminent domain scenarios. Critics, however, might express concern that it sets a precedent that could hinder future projects meant for public benefit, thus raising questions about the practicality and efficiency of such provisions.