From the Institute for Policy Innovation (IPI)
Published: 01-27-09
Oh. You think your land belongs to you. You could have another thing coming even in Texas where a four-year-old law supposedly prevents government from taking land by eminent domain in order to promote “economic development.”
Lots of people possibly including legislators thought the Texas Legislature fixed that problem in 2005 right after the U. S. Supreme Court’s 5-4 decision in Kelo vs. City of New London asserting that development can qualify constitutionally as a “public use.”
As matters stand the new Texas law bars state or local government from using the development dodge as a rationale for taking private property. Exceptions persist though—too many of them.
The removal of “blight” was one exception. Another the taking of land for use by utilities and port authorities. Jerry Jones’ Dallas Cowboys got a piece of the action. Eminent domain was used to help them build their new mega-stadium.
In 2009 along comes Gov. Rick Perry proposing a constitutional amendment he says would really truly finally stop eminent domain for all purposes but the vital public ones this ancient legal right has always allowed.
Perry may be trying to undo some of the political damage occasioned by his veto two years ago of a bill intended to close the above loopholes and define “public use.” Here’s maybe the real point about politics in this context: What’s better politics and policy than shielding property owners from the reach of officials who have little more in mind than bumping up property valuations hence tax receipts?
The national revolt against the Kelo decision these past four years has been heroic. Forty-three states including Texas now offer property owners legal protections they hadn’t previously enjoyed.
Now if we could just get all these politicians who are rightly concerned about ensuring we can keep our property to be just as concerned about passing legislation to ensure we can keep our money!
