Some would have you believe that Perry's 2007 veto of House Bill 2006 should result in the defeat of this measure because it fails to include everything that was in that doomed bill. Even the Farm Bureau isn't buying that logic. That veto might have cost the governor the Farm Bureau's endorsement this campaign cycle, but the Farm Bureau is strongly in support of this constitutional measure. It recognizes that this does not give it everything they it like, but it certainly advances private property rights protection.
Here is how Proposition 11 would amend the Constitution in four primary ways:
\• It would define the term "public use," rather than leaving the definition of that term up to court interpretation.
\• It would specify that the taking of property for the purpose of economic development or enhancement of tax revenue purposes is not a public use.
\• It would provide that property taken to eliminate urban blight must be done on a parcel-by-parcel basis.
\• It would require that any future power of eminent domain granted requires a two-thirds vote of the Texas Legislature.
So, why a constitutional amendment instead of statutory reform? The U.S. Supreme Court, in rendering the Kelo case, overturned years of precedent and changed the definition of public use now found in both the Texas and U.S. Constitution. To prevent further erosion of property rights in Texas, there had to be a constitutional fix to the definition of "public use."
The definition used in Proposition 11 defines both what public use is and reiterates what it is not.
Public use does not include the taking of property for the primary purpose of economic development or enhancement of tax revenue purposes. That's protection we don't have if the proposal fails.
But, the proposed amendment goes even further to prevent the taking of property to eliminate urban blight except on a parcel-by-parcel basis. This will stop local governments from declaring a few pieces of property as blighted and then taking all the property in an area for a development project.
Passage of private property protection has been a long time coming in Texas. Passage of Prop. 11 will send a clear message to legislators that the issue is of utmost concern to the voters.
Failure to pass the measure will let them know there is no need to continue to work on the issue because the people making the most noise will not even be content with a victory.
Tuesday, October 27, 2009
Peggy Venable argues for Prop 11....
Venable endorsed Rick over Kay... she argues that Prop 11 is important to vote for (link)...
She makes a good point... it seems like the people who oppose this "because it doesn't go far enough" are cutting off their noses to spite their faces... will anything ever make them happy? Maybe never ever building any road ever again?