By:  Armbrister                                       S.J.R. No. 43
       73R525 LJD-F
                                  A JOINT RESOLUTION
    1-1  proposing a constitutional amendment declaring that the taking of
    1-2  property to provide a private access easement to land that does not
    1-3  have a means of access constitutes and serves a public use and
    1-4  purpose.
    1-5        BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-6        SECTION 1.  Article I, Section 17, of the Texas Constitution
    1-7  is amended to read as follows:
    1-8        Sec. 17.  (a)  No person's property shall be taken, damaged
    1-9  or destroyed for or applied to public use without adequate
   1-10  compensation being made, unless by the consent of such person; and,
   1-11  when taken, except for the use of the State, such compensation
   1-12  shall be first made, or secured by a deposit of money; and no
   1-13  irrevocable or uncontrollable grant of special privileges or
   1-14  immunities, shall be made; but all privileges and franchises
   1-15  granted by the Legislature, or created under its authority shall be
   1-16  subject to the control thereof.
   1-17        (b)  The taking or condemnation of property to provide a
   1-18  private access easement to land that does not have a means of
   1-19  access constitutes and serves a public use and public purpose in
   1-20  that the access enhances the welfare and prosperity of the general
   1-21  public by promoting the alienability of land.  The fact that the
   1-22  owner of the land to which the access easement is provided does not
   1-23  reside on the land or that the access easement may be used by a
   1-24  relatively small percentage of the general public does not affect
    2-1  the declaration of public use and public purpose made by this
    2-2  subsection.
    2-3        SECTION 2.  This proposed constitutional amendment shall be
    2-4  submitted to the voters at an election to be held November 2, 1993.
    2-5  The ballot shall be printed to provide for voting for or against
    2-6  the proposition:  "The constitutional amendment declaring that the
    2-7  taking of property to provide a private access easement to land
    2-8  that does not have a means of access constitutes and serves a
    2-9  public use and purpose."