Texas Proposition 11 On The November Ballot

Your “yes” vote for proposition 11 in November will help protect private land owners from the government’s use of eminent domain.

Texas Proposition 11, also known as House Joint Resolution 14-1, will appear on the November 3, 2009 ballot in Texas as a legislatively-referred constitutional amendment.

If passed after the November election, the measure will strengthen Senate Bill 7, which prohibits the government from acquiring land for non-public use. The bill will also require the government to first determine if each property in a neighborhood is blighted before deciding if the neighborhood itself is blighted. According to Sen. Robert Duncan, who is sponsoring the amendment: “Texas voters are the most appropriate authority on the government's use of eminent domain. This proposition gives them the final word on that authority.”

The Texas House of Representatives approved the proposed amendment on May 11, 2009 with a vote of 144-0, followed by the State Senate on May 25, 2009 with a vote of 30-1.Texas Governor Rick Perry signed the legislation on June 15, 2009, therefore allowing voters to decide on the constitutional amendment in the fall.

Impact
If enacted, the measure would:

Amend the state constitution to limit the taking of private property by eminent domain.
Specifically prohibit the taking of private property to give to another private entity for the purpose of economic development or enhanced tax revenue.
Limit the use and ownership of property taken by eminent domain to either the state or the public at large
Require new entities seeking the power of eminent domain to be approved by a two-thirds vote of the Legislature
Require condemnation for urban blight to address each particular property
Ballot language
"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."

Support
The Texas Farm Bureau have voiced their support of the measure, making a statement on October 2, 2009 on their website, encouraging members of the bureau to go vote, saying a big turnout would lead to a successfull passage of the measure. Kenneth Dierschke, president of the organization, wrote the column on the Texas Farm Bureau’s website and stated that the amendment would also protect property owners in a state that “takes pride in property ownership.” Also among the reasons to vote “yes” on the measure is that passage would pave a way for further eminent domain reform in the future, such as compensation to owners who have lost their property access rights. Dierschke stated:

"Eminent domain is not something people think about until their land, home or business property is taken. That power is being misused and abused in Texas. Proposition 11 does not fix all of the problems, but is a good first step toward eminent domain reform."