Texas House Bill HJR110

Texas 2011 - 82nd Regular

Caption

Proposing a constitutional amendment to require compensation for relocation costs associated with the taking of certain property for a public use.

Impact

If enacted, HJR110 would introduce significant changes to property laws in Texas regarding eminent domain. It would amend Section 17 of Article I of the Texas Constitution to ensure that property owners' relocation costs are regarded as a legitimate aspect of compensation during condemnations. This could potentially set a new precedent in the state's approach to property rights and the utilization of eminent domain, particularly for owners of homesteads and farms who may be disproportionately affected by such government actions. The amendment aims to offer additional safeguards which may influence how public entities evaluate and execute property acquisitions.

Summary

HJR110 is a joint resolution proposing a constitutional amendment that mandates compensation for relocation costs associated with the taking of certain properties for public use. Specifically, the bill addresses situations where a homestead or farm is condemned, ensuring that affected property owners are compensated for relocation expenses, allowing them to maintain a standard of living comparable to what they enjoyed prior to the taking. The proposed amendment would require that any financial burden related to relocating does not exceed the financial obligations previously held by the property owner, effectively protecting their economic interests in the process of eminent domain.

Sentiment

The general sentiment around HJR110 appears to be supportive within specific advocacy groups that focus on property rights and protection of homeowners. Many proponents argue that the bill is a necessary reform to provide fair treatment to individuals whose properties are taken under eminent domain. However, there may also be concerns among those who fear that additional clauses regarding compensation could complicate or hinder the public use projects that require land acquisition, potentially leading to increased costs for governmental bodies undertaking such projects.

Contention

A notable point of contention surrounding HJR110 is the balance between public necessity and individual rights. Critics of the bill may argue that while property owners deserve fair compensation, the amendment could create hindrances for public projects that rely on the efficient acquisition of properties. Opponents might contend that adequate compensation should already be guaranteed by existing laws, suggesting that this amendment could impose an additional financial burden on taxpayers due to the requirement for the added relocation costs. This reflects a broader debate between the rights of individual property owners and the needs of the community as a whole when it comes to public use projects.