81R5732 AJA-D
By: Davis of Dallas H.J.R. No. 65
A JOINT RESOLUTION
proposing a constitutional amendment to require compensation for
certain property taken where the use is public and necessary.
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
compensation being made, unless by the consent of such person; 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 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."