NEWS FLASH UPDATE 3 - JUNE 28, 2005
THE NEWEST OXYMORON: PRIVATE PROPERTY RIGHTS
Last week Texas Representative Frank Corte of San Antonio issued a release saying, "The right to own and use property is inherent to a free society. When a government decides they know how to use private property better than the individual, private property rights cease to exist." CorridorWatch.org couldn't agree more.
Yesterday Representative Corte filed House Joint Resolution (HJR19). Today Senator Bob Deuell filed a companion bill, Senate Joint Resolution (SJR10). If passed these identical Resolutions would put the issue amending the State Constitution on the ballot in November with the following language proposed for addition: "Sec. 17A. A political subdivision of this state may not take private property through the use of the power of eminent domain if a primary purpose of the taking is for economic development."
The Constitutional amendment proposed by HJR19 and SJR10 offer to protect your property rights, but only from political subdivisions of the state such as cities, counties, and special districts. Maybe it's an oversight, but why NOT the state itself. Why would it be okay for the state to take our land for economic development? Why exempt TxDOT and other state agencies from a Constitutional limitation on eminent domain abuse?
If it's wrong for a city; if it's wrong for a county; it is equally wrong for the state; AND, THAT'S WHAT THE CONSTITUTIONAL AMENDMENT SHOULD SAY.
Lets amend our Texas Constitution to add this language, "Private property shall not be taken through the use of the power of eminent domain if a primary purpose of the taking is for economic development."
SENATOR JOHN CORNYN HAS THE RIGHT IDEA
Yesterday our very own US Senator John Cornyn introduced the Protection of Homes, Small Businesses, and Private Property Act of 2005. If this bill becomes law it will prohibit the use of eminent domain power for economic development by the Federal Government and any State or local government using Federal funds.