Proposing a constitutional amendment to define a public use for which property may be taken, damaged, or destroyed.
Impact
If passed, HJR96 would significantly impact state laws related to eminent domain, providing more stringent definitions and requirements for government actions involving private property. The amendment would legally bind the state and its subdivisions to ensure that any appropriation is clearly outlined as a public use, potentially limiting the scope of projects that can claim such justification. This change could lead to heightened protections for property owners and delineate limits on the types of projects that can be sanctioned under public use standards.
Summary
HJR96 proposes a constitutional amendment in Texas aimed at clarifying the definition of 'public use' concerning the taking, damaging, or destruction of private property. The bill seeks to ensure that property can only be appropriated for purposes that directly benefit the state or its subdivisions and mandates that property owners receive adequate compensation prior to any such action, unless express consent is given. This potential amendment aligns with broader discussions around property rights and the government's authority regarding eminent domain.
Contention
There are notable points of contention surrounding HJR96, particularly regarding the implications for urban development and essential public projects. Proponents argue that the bill fortifies property rights and prevents government overreach in taking private land. On the other hand, opponents express concerns that the stringent definitions of public use could stifle necessary infrastructure developments and public services, arguing that such limitations could hamper growth and improvement initiatives intended to benefit the community as a whole. Engage discussions often pivot around ensuring a balance between protecting individual rights and enabling government functions for public welfare.
Proposing a constitutional amendment prohibiting the taking of property by eminent domain for the purpose of transferring the property to a private entity.
Proposing a constitutional amendment authorizing the legislature to exempt from ad valorem taxation real property used to operate a child-care facility.
Proposing a constitutional amendment authorizing the legislature to exempt from ad valorem taxation real property used to operate a child-care facility.