By: Corte, Hilderbran, Anderson, Paxton, H.J.R. No. 14
Hughes, et al.
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
elimination of urban blight on a particular parcel of property or
the possession, occupation, and enjoyment of the property by a
common carrier, by an entity providing utility service, by an
entity that provides telecommunications service, video service, or
cable service to which the law grants eminent domain authority, by
the public at large, by the State, or by 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) For the purposes of this section, adequate compensation
for the taking of property that is a homestead or farm, if the
taking makes relocation of the homestead or farm necessary,
includes the cost of relocation from the condemned property to
another property that allows the property owner, without the
necessity of incurring an amount of debt, debt service, or total
projected interest obligation that is higher than the property
owner was subject to immediately before the taking to:
(1) have a standard of living comparable to the
property owner's standard of living immediately before the taking,
if the property taken is a homestead; or
(2) operate a comparable farm, if the property taken
is a farm.
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 prohibit the taking,
damaging, or destroying of private property for public use unless
the action is necessary for the elimination of urban blight on a
particular parcel of property or the possession, occupation, and
enjoyment of the property by a common carrier, an entity providing
utility service, an entity that provides telecommunications
service, video service, or cable service to which the law grants
eminent domain authority, the public, the state, or a political
subdivision, and to require compensation for homesteads and farms
taken in certain circumstances where the use is public and
necessary to include the cost of relocating to a comparable
property."