How many of you thought the troublesome issue of eminent domain reform was over and done with? After all, there was a news conference in front of the Alamo claiming victory for property rights. Texas Farm Bureau was there. It was a victory, but a smaller one than some might say.
The passage of House Joint Resolution 14 does put a constitutional amendment on the ballot this November that prevents eminent domain use for economic development. It’s the last of the 11 ballot propositions – Proposition 11 – and perhaps the most important.
Proposition 11 will prevent the taking of private property for use by other private entities. Much of this was already in statute, but a constitutional amendment gives it teeth. Texas Farm Bureau will work very hard to pass this amendment with a substantial majority. In fact, we’d like to make it a referendum on finishing the job on eminent domain reform.
That’s right. The job is not yet done. The veto of reform in 2007 and the legislative log jam that was the 2009 legislative session has left Texas – a state with a self image of strong property rights – with one of nation’s worst eminent domain laws. We still have to change that if we’re serious about property rights in Texas. Other states, California and Florida among them, compensate fairly when property is taken. Are we really willing to settle for less here in the Lone Star State?
We still don’t know how many entities have eminent domain in Texas. There are thousands of them though. If they "low ball" you on a first offer for your property, then the decision and the expense of taking the matter to court is yours. So are the relocation expenses and every other cost associated with this unfair process. If you lose access to your property, there is no compensation. Still missing is a workable definition of public use.
We are now up to two bills, and counting, that would have reformed eminent domain in a way that does not saddle Texas property owners with the lion’s share of the consequences for progress. Governor Perry could have and should have included eminent domain reform in the recent special session. I expect he will often be asked why he did not.
Everyone who cares about reforming eminent domain should work to keep the issue alive until 2011. At stake is a question of basic fairness. Texas talks the talk on property rights. It’s time to walk the walk. We can start on November 3 with a big turnout and overwhelming passage of Proposition 11. Then the real work begins.