On November 3rd, Texas voters will cast their ballots for or against changes to the state constitution.

Proposition 11 which is HJR 14 -1 deals with eminent domain and "would amend the constitution to provide that the taking of private property for public use is authorized only if it is for the ownership, use, and enjoyment of the property by the State, its political subdivisions, the public at large, or by entities granted the power of eminent domain, or for the removal of urban blight. The amendment would prohibit the taking of private property for transfer to a private entity for the purpose of economic development or to increase tax revenues. The amendment would also limit the legislature's authority to grant the power of eminent domain in the future unless it is approved by a two-thirds vote of all the members elected to each house."

The wording on the ballot would read: "The constitutional amendment to prohibit the taking, damaging, or destroying of private property for public use unless the action is for the ownership, use, and enjoyment of the property by the State, a political subdivision of the State, the public at large, or entities granted the power of eminent domain under law or for the elimination of urban blight on a particular parcel of property, but not for certain economic development or enhancement of tax revenue purposes, and to limit the legislature 's authority to grant the power of eminent domain to an entity."

If passed I guess this would have prohibited the building of Jerry's new stadium.  I think it is a pretty good change.

 
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14 Comments on November 3rd, 2009 Constitutional Amendment Election

SEP
16
4 Featured Posts

Richard-

I agree with you. Our state is late to the game here. After Kelo, many states passed similar legislation almost immediately. Eminent domain might have its place in theory, but it is so often subject to abuse, it is best not employed at all. Thanks for alerting me to this, and I will certainly vote!

10:44am • #1
371,081 Points 23 Featured Posts Outside Blog

Hi Richard... I think this is a pretty good change too.  I will be voting for it on Nov. 3!

1:00pm • #2
159,834 Points

Steve,

Thanks for your comments.  Funny how great minds work allike.

 

1:05pm • #4
607,789 Points 34 Featured Posts Outside Blog Hit Router

A TAR rep spoke at our office yesterday, and she said to vote for Propositions # 2, 3, 5, 9, & 11.

9:46pm • #5
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17
159,834 Points

Donna,

Good information to know.  Thanks for sharing. 

6:29am • #6
302,454 Points 4 Featured Posts

ToulaRosebrock,com

Hi Richard:

Sounds like a good idea to me...

I guess Jerry is dealing with scoreboard issues there as well...  :)

6:37am • #7
298,457 Points Outside Blog

Hi Richard, This is interesting and the first I have read about it.  I will have to check out the other amendments Donna mentioned, too.

10:03am • #8
290,705 Points 4 Featured Posts Localism Sponsor Outside Blog

I have to say I am not a fan of eminent domain. Why should an individual loose what they have, so someone else <read developer or politician> can redevelop it and make a fortune??

10:08am • #9
159,834 Points

Shirley,

Thanks for your comments.

You can view all 11 proposals at the secretary of state web site:

http://www.sos.state.tx.us/

 

10:33am • #10
159,834 Points

Betina,

I also do not think the general public benefits from eminent domain.

10:33am • #11
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Localism Sponsor Outside Blog

I think the "enjoyment by the public at large" would be all the Dallas Cowboy Fans??

5:33pm • #12
SEP
19

Richard - This is very interesting and I am assuming did pass by a large percentage.  I believe Tennessee, as with many other states, have this similar verbiage in place.

8:56am • #13
159,834 Points

Kenneth,

The election is not until November 3rd; however I think it will pass

10:34am • #14

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Richard Weeks, REALTOR®, Broker Associate, GRI, ePRO, eAgent

Dallas, TX

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