81R1666 PMO-D
By: Corte H.J.R. No. 14
A JOINT RESOLUTION
proposing a constitutional amendment to limit the public taking of
private property.
BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 17, Article I, Texas Constitution, is
amended to read as follows:
Sec. 17. (a) No person's property shall be taken,
damaged, or destroyed for or applied to public use without adequate
and just compensation being made, unless by the consent of such
person, and only if the taking, damage, or destruction is necessary
for the possession, occupation, and enjoyment of the property by
the public at large or by the State or a political subdivision of
the State; and, when taken, except for the use of the State, such
compensation shall be first made, or secured by a deposit of money;
and no irrevocable or uncontrollable grant of special privileges or
immunities[,] shall be made; but all privileges and franchises
granted by the Legislature, or created under its authority, shall
be subject to the control thereof.
(b) The State or a political subdivision of the State that
takes, damages, or destroys property must prove by clear and
convincing evidence that the contemplated use of the property is
public and necessary at the time an attempt is made to take, damage,
or destroy the property. Whether the contemplated use is in fact
public and necessary shall be a judicial question.
SECTION 2. This proposed constitutional amendment shall be
submitted to the voters at an election to be held November 3, 2009.
The ballot shall be printed to permit voting for or against the
proposition: "The constitutional amendment to limit the power of
the state and political subdivisions to take property in certain
circumstances where the use is public and necessary, which shall be
a judicial question."