POSTED: Tuesday, October 27, 2009 - 4:46pm
UPDATED: Wednesday, March 17, 2010 - 12:05pm
TYLER — Commissioner Staples spoke with members of the Tyler Association of Realtors about Proposition 11 and why property owners in East Texas should say "yes" on the ballot.
Staples is the treasurer of "Pac Off it's My Land" and says this proposition would change the state's role in taking land from property owners.
Certain groups are against passing Proposition 11 and say it has major flaws circling the definition of what public and private economic development actually are.
But other state officials like Governor Rick Perry support it because it would reverse a 2005 supreme court decision that allowed cities the right to use landholder's property for private projects.
DESCRIPTION FROM TEXAS SECRETARY OF STATE:
(HJR 14 - #1)
HJR 14 would amend the constitution to provide that the taking of private property for public use ("eminent domain") 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 proposed amendment would appear on the ballot as follows: "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."
CLICK HERE TO SEE FULL TEXT: http://www.capitol.state.tx.us/tlodocs/81R/billtext/html/HJ00014F.htm