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."