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."