As we approach the final two months of session legislators will be looking to pass key legislation that carries weight in their respective districts.
Given the sluggishness with which the session has progressed there will not be much to tout once session is over. Members will instead need to focus on a few big ticket items that are especially important to their constituents.
Voter identification immigration tuition costs and private property rights are all hot buttons for Texans.
In light of the 2005 *Kelo *decision by the United States Supreme Court legislators have moved quickly to protect private property rights from eminent domain action over the past two sessions.
In the 79th Legislature lawmakers established specific instances for which eminent domain could not be exercised by the government. They did not apply transportation projects but the protections provided were a vital step toward securing private property rights in Texas.
Lawmakers soon found the legislation did not go far enough. It defined public use" in the negative specifying what *did not *constitute public use" as opposed to what did. This kept private property owners in danger of unfairly losing their land through a loophole in the law.
In the 80th Legislature the law was expanded to define a public use" for which eminent domain proceedings could be set in motion and factors to be taken into account in the calculation of adequate compensation" for a taking. It also required the condemning entity to make a bona fide effort"
to acquire property through voluntary purchase.
Though the bill passed the House and Senate Governor Perry was not satisfied with the calculation of adequate compensation" and vetoed the legislation leaving private property owners at risk.
Texas has a long history of vigorously protecting the private property rights of individuals. A vast proportion of our land is privately held making it essential that we clarify this law to further protect the private property rights of our citizens. That said population growth requires us to further develop and build leaving the eminent domain issue inevitable in some circumstances.
Lawmakers must move swiftly as this is an issue that Republicans and Democrats alike can take back to their districts and tout as being good for Texas. They must put fair and reasonable restrictions on the power and authority of state and local entities in eminent domain proceedings to protect private property rights while allowing infrastructure to grow with our population.
Governor Perry will not likely sign a bill into law that is identical to the one he vetoed last session and though a number of bills have been filed to address this issue the one that currently has the best chance at passage is Senate Bill 18 by Senator Estes which is nearly a replica of the vetoed legislation from last session.
Lawmakers should find agreement on this issue so Texas rich history of private property ownership is safeguarded for many years to come.
As we approach the final two months of session legislators will be looking to pass key legislation that carries weight in their respective districts.
Given the sluggishness with which the session has progressed there will not be much to tout once session is over. Members will instead need to focus on a few big ticket items that are especially important to their constituents.
Voter identification immigration tuition costs and private property rights are all hot buttons for Texans.
In light of the 2005 *Kelo *decision by the United States Supreme Court legislators have moved quickly to protect private property rights from eminent domain action over the past two sessions.
In the 79th Legislature lawmakers established specific instances for which eminent domain could not be exercised by the government. They did not apply transportation projects but the protections provided were a vital step toward securing private property rights in Texas.
Lawmakers soon found the legislation did not go far enough. It defined public use" in the negative specifying what *did not *constitute public use" as opposed to what did. This kept private property owners in danger of unfairly losing their land through a loophole in the law.
In the 80th Legislature the law was expanded to define a public use" for which eminent domain proceedings could be set in motion and factors to be taken into account in the calculation of adequate compensation" for a taking. It also required the condemning entity to make a bona fide effort"
to acquire property through voluntary purchase.
Though the bill passed the House and Senate Governor Perry was not satisfied with the calculation of adequate compensation" and vetoed the legislation leaving private property owners at risk.
Texas has a long history of vigorously protecting the private property rights of individuals. A vast proportion of our land is privately held making it essential that we clarify this law to further protect the private property rights of our citizens. That said population growth requires us to further develop and build leaving the eminent domain issue inevitable in some circumstances.
Lawmakers must move swiftly as this is an issue that Republicans and Democrats alike can take back to their districts and tout as being good for Texas. They must put fair and reasonable restrictions on the power and authority of state and local entities in eminent domain proceedings to protect private property rights while allowing infrastructure to grow with our population.
Governor Perry will not likely sign a bill into law that is identical to the one he vetoed last session and though a number of bills have been filed to address this issue the one that currently has the best chance at passage is Senate Bill 18 by Senator Estes which is nearly a replica of the vetoed legislation from last session.
Lawmakers should find agreement on this issue so Texas rich history of private property ownership is safeguarded for many years to come.
