85R915 LHC-D
By: Schofield H.J.R. No. 40
A JOINT RESOLUTION
proposing a constitutional amendment concerning the right to
repurchase real property acquired by a governmental entity through
eminent domain.
BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 52j, Article III, Texas Constitution, is
amended to read as follows:
Sec. 52j. A person from whom a real property interest is
acquired by an entity through eminent domain for a public use, or
that person's heirs, successors, or assigns, is entitled to
repurchase the property under the conditions provided by this
section. A governmental entity shall offer to [may] sell real
property acquired through eminent domain to the person who owned
the real property interest immediately before the governmental
entity acquired the property interest, or to the person's heirs,
successors, or assigns, at the price the entity paid at the time of
acquisition if:
(1) the public use for which the property was acquired
through eminent domain is canceled;
(2) no actual progress is made toward the public use
during a prescribed period of time; or
(3) the property is unnecessary for the public use.
SECTION 2. This proposed constitutional amendment shall be
submitted to the voters at an election to be held November 7, 2017.
The ballot shall be printed to provide for voting for or against the
proposition: "The constitutional amendment to require a
governmental entity to offer for sale under certain conditions real
property acquired through eminent domain to the previous owner at
the price the entity paid to acquire the property."