Texas 2009 - 81st Regular

Texas House Bill HJR65

Voted on by House
 
Out of Senate Committee
 
Voted on by Senate
 
Sent toSOS
 
Proposed Const. Amend.
 

Caption

Proposing a constitutional amendment to require compensation for certain property taken where the use is public and necessary.

Impact

The introduced amendment is positioned to enhance protections under property rights by providing guarantees that property owners will receive not just monetary compensation, but also support for relocation costs when they are forced to move due to the public use of their properties. This could affect various aspects of state law regarding eminent domain and could reshape how public projects that require property acquisition are approached, emphasizing fairness and financial consideration for impacted residents.

Summary

HJR65 proposes a constitutional amendment aimed at reinforcing property rights in Texas by mandating compensation for certain properties taken for public use. Specifically, the amendment seeks to amend Section 17, Article I of the Texas Constitution to require adequate compensation not only for the property taken but also for the costs associated with relocating to a comparable property. This is particularly relevant for homesteads and farms, ensuring that property owners maintain a standard of living similar to what they had before the property was taken.

Election

The proposed constitutional amendment is scheduled to be presented to voters at an election set for November 3, 2009, making it essential for the public to engage in discussions regarding its implications prior to the voting date. The ballot will allow voters to decide on this significant change in the Texas Constitution impacting property rights.

Contention

One notable point of contention surrounding HJR65 is the definition of 'adequate compensation' and the determination of what constitutes a comparable property for relocation. Stakeholders including property rights advocates may support the bill, arguing it reinforces the rights of individuals against governmental takings. However, some governmental entities may raise concerns regarding the financial implications and additional complexities that arise when determining compensation levels and how these changes could slow down necessary public projects.

Companion Bills

No companion bills found.

Previously Filed As

TX HJR124

Proposing a constitutional amendment to remove the requirement that a home equity loan be closed only at the office of the lender, an attorney at law, or a title company.

TX HJR29

Proposing a constitutional amendment providing that a residence homestead is not subject to seizure or sale for delinquent ad valorem taxes.

TX HJR9

Proposing a constitutional amendment relating to the right of a property owner to conduct activities necessary to secure basic human needs.

TX HJR20

Proposing a constitutional amendment authorizing the legislature to provide for exceptions to the requirement that a home equity loan be closed only at the office of the lender, an attorney at law, or a title company.

TX HJR26

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

TX HJR129

Proposing a constitutional amendment exempting tangible personal property from ad valorem taxation.

TX SJR78

Proposing a constitutional amendment exempting tangible personal property from ad valorem taxation.

TX HJR76

Proposing a constitutional amendment requiring the state to pay at least 50 percent of the cost of maintaining and operating the public school system and prohibiting the comptroller from certifying legislation containing an appropriation for public education unless the requirement is met.

TX HJR6

Proposing a constitutional amendment requiring the state to pay at least 50 percent of the cost of maintaining and operating the public school system and prohibiting the comptroller from certifying legislation containing an appropriation for public education unless the requirement is met.

TX HJR54

Proposing a constitutional amendment requiring payment of child support to be eligible to hold certain public elective offices.

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