| 1 | 1 | | 81R5732 AJA-D |
|---|
| 2 | 2 | | By: Davis of Dallas H.J.R. No. 65 |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | A JOINT RESOLUTION |
|---|
| 6 | 6 | | proposing a constitutional amendment to require compensation for |
|---|
| 7 | 7 | | certain property taken where the use is public and necessary. |
|---|
| 8 | 8 | | BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 9 | 9 | | SECTION 1. Section 17, Article I, Texas Constitution, is |
|---|
| 10 | 10 | | amended to read as follows: |
|---|
| 11 | 11 | | Sec. 17. (a) No person's property shall be taken, |
|---|
| 12 | 12 | | damaged, or destroyed for or applied to public use without adequate |
|---|
| 13 | 13 | | compensation being made, unless by the consent of such person; and, |
|---|
| 14 | 14 | | when taken, except for the use of the State, such compensation shall |
|---|
| 15 | 15 | | be first made, or secured by a deposit of money; and no irrevocable |
|---|
| 16 | 16 | | or uncontrollable grant of special privileges or immunities[,] |
|---|
| 17 | 17 | | shall be made; but all privileges and franchises granted by the |
|---|
| 18 | 18 | | Legislature, or created under its authority, shall be subject to |
|---|
| 19 | 19 | | the control thereof. |
|---|
| 20 | 20 | | (b) For the purposes of this section, adequate compensation |
|---|
| 21 | 21 | | for the taking of property that is a homestead or farm, if the |
|---|
| 22 | 22 | | taking makes relocation of the homestead or farm necessary, |
|---|
| 23 | 23 | | includes the cost of relocation from the condemned property to |
|---|
| 24 | 24 | | another property that allows the property owner, without the |
|---|
| 25 | 25 | | necessity of incurring an amount of debt, debt service, or total |
|---|
| 26 | 26 | | projected interest obligation that is higher than the property |
|---|
| 27 | 27 | | owner was subject to immediately before the taking to: |
|---|
| 28 | 28 | | (1) have a standard of living comparable to the |
|---|
| 29 | 29 | | property owner's standard of living immediately before the taking, |
|---|
| 30 | 30 | | if the property taken is a homestead; or |
|---|
| 31 | 31 | | (2) operate a comparable farm, if the property taken |
|---|
| 32 | 32 | | is a farm. |
|---|
| 33 | 33 | | SECTION 2. This proposed constitutional amendment shall be |
|---|
| 34 | 34 | | submitted to the voters at an election to be held November 3, 2009. |
|---|
| 35 | 35 | | The ballot shall be printed to permit voting for or against the |
|---|
| 36 | 36 | | proposition: "The constitutional amendment to require |
|---|
| 37 | 37 | | compensation for homesteads and farms taken in certain |
|---|
| 38 | 38 | | circumstances where the use is public and necessary to include the |
|---|
| 39 | 39 | | cost of relocating to a comparable property." |
|---|