Texas House Bill HJR31

Texas 2009 - 81st Regular

Caption

Proposing a constitutional amendment to prohibit the state or a political subdivision of the state from taking private property for the primary purpose of economic development or to benefit a particular private party.

Impact

If enacted, this amendment would significantly alter existing laws regarding the power of eminent domain in Texas. It would explicitly restrict the circumstances under which the state or local governments can seize private property, thereby ensuring that such actions are not taken solely for the benefit of enhancing economic development or enriching private parties. Supporters of the legislation argue that it serves to safeguard the interests of individual property owners and uphold their rights against potential overreach by government entities.

Summary

HJR31 proposes a constitutional amendment to the Texas Constitution that seeks to protect private property rights by prohibiting the state or its political subdivisions from utilizing eminent domain for the primary purpose of economic development or to benefit a particular private entity. This legislative move reflects a growing concern over governmental practices that could infringe upon the rights of property owners, particularly in contexts where land is transferred from individuals to commercial interests under the guise of economic growth.

Contention

The proposal has raised important questions regarding the balance between economic progress and property rights. Some critics of HJR31 may contend that the amendment could hinder necessary infrastructure developments and urban renewal projects that rely on the use of eminent domain for public benefit. Advocates of economic expansion worry that restricting eminent domain could limit the ability of governments to secure land required for critical projects, ultimately stifling growth and investment in the state.