Texans approve eminent domain, other amendments
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AUSTIN - Texas voters on Tuesday passed a proposition limiting the government's eminent domain powers and another creating a fund for more top-tier research universities, along with nine other constitutional amendments on the ballot.
Proposition 11 - the eminent domain amendment supported by the Texas Farm Bureau, Gov. Rick Perry and Perry's Republican rival, Sen. Kay Bailey Hutchison - had 81 percent of the vote favoring it and 19 percent against, with more than half of all precincts reporting.
A proposition to guarantee public access to beaches and another to help build veterans hospitals also sailed to passage.
Those were the highest-profile propositions in a low-key statewide election.
Only spotty opposition emerged to any of the proposed amendments.
Proposition 4 aims to create a national research university fund out of $500 million in existing state money. Currently, Texas has three top-level research universities: the University of Texas at Austin; Texas A&M University and Rice University. It lags behind other big states like California and New York, proponents said. Seven other Texas universities are vying to achieve so-called Tier One status.
"Tonight's passage of Proposition 4 sends this important message: Texans understand that more nationally recognized research universities will help retain Texas-grown talent, recruit top researchers who will generate billions of dollars in economic growth and create more high paying, permanent jobs," said former Lt. Governor Bill Hobby, co-chair of Texans for Tier One.
Proposition 11 to limit eminent domain powers will state in the constitution that governments in Texas are prevented from seizing private property and giving it to a private developer to boost the tax base.
One group opposed to Prop 11 was the private property and anti-toll road organization Texans Uniting for Reform and Freedom, which said the proposed amendment leaves open loopholes and doesn't address issues like diminished access to remaining land after an eminent domain seizure.
Terri Hall, founder and director of TURF, said Texans sent a strong message with their vote Tuesday that they want eminent domain reform, but she said Prop 11 doesn't get the job done.
"The Texas Legislature needs to continue the push for further reforms and to prevent abuses," she said.
Proposition 9 cements in the Texas Constitution the state's open beaches law. Backers said it will protect public beach access from lawsuits or legislative interference, while opponents said it could erode private property rights.
All the ballot propositions had to win two-thirds passage in the Legislature to go before voters.
Comments
In case I didn't get my point across, the issue of eminent may ultimately have to be decided by bringing another case, to the supreme court. If the the case of "seperate but equal can be brought to the supreme court twice, with two very different decisions", why not eminent domain.
Everything, intentionally or not, is leading to a new supreme court challenge, on citizens rights in regard to eminent domain. It just takes paitence, and using what they give you, just not in ways they expect!
; )
I'm sure a lawyer will take this issue to the supreme court again, one day.
November 4, 2009 at 4:52 p.m.In this case, a loose worded amendment is better than none; I understand the frustration. Something to consider, is the Supreme Court decision made around 89' regarding eminent domain. A ridged Amendment makes it easy to be beaten, considering the current climate.
November 4, 2009 at 1:13 p.m.Congradulation!!! this proposition as worded:
leaves loopholes for seizing property for economic development It uses words such as unless the state...blah blah blah...good going...
leaves issues unanswered such as diminished access to land after seizure and relocation assistance
kinda of like fool ya...
In a commentary by Terri Hall published by the San Antonio Express-News, member of the Texans United for Reform and Freedom, she states:
Proposition 11 is nothing more than lawmakers writing a “convoluted amendment to the Texas Constitution that comes back to haunt us”.
Hall goes on to state: “We witnessed Gov. Rick Perry weaken this legislation all through the 81st Legislature to reduce the amendment to a virtually meaningless attempt at eminent domain reform.”[9]
Hall again addressed the issue in another commentary in for Texas Insider by stating:"You have to ask yourself, if Rick Perry vetoed REAL eminent domain reform in 2007 (HB 2006), why would Perry stage a photo-op ceremonial signing of this constitutional amendment in front of the Alamo in 2009 when it didn’t even need his signature? Because it’s not genuine eminent domain reform. His show-boating is because he’s running for re-election, and he knows that veto of HB 2006 cost him the Farm Bureau’s endorsement."[10]
Loose worded propositions or additions of value tied to the constitution only deminishes our quality and our overall ownership through a judgemental system...perhaps, if Perry is effected personnally then we can add justification...
November 4, 2009 at 11:46 a.m.Happy days are here again! = )
November 4, 2009 at 8:51 a.m.