By Armbrister                                         S.J.R. No. 31
       74R4620 PAM-D
                                  A JOINT RESOLUTION
    1-1  proposing a constitutional amendment declaring that the taking of
    1-2  property to provide an access easement to land that does not have a
    1-3  means of access constitutes and serves a public use and purpose.
    1-4        BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Section 17, Article I, Texas Constitution, is
    1-6  amended to read as follows:
    1-7        Sec. 17.  (a)  No person's property shall be taken, damaged
    1-8  or destroyed for or applied to public use without adequate
    1-9  compensation being made, unless by the consent of such person; and,
   1-10  when taken, except for the use of the State, such compensation
   1-11  shall be first made, or secured by a deposit of money; and no
   1-12  irrevocable or uncontrollable grant of special privileges or
   1-13  immunities, shall be made; but all privileges and franchises
   1-14  granted by the Legislature, or created under its authority shall be
   1-15  subject to the control thereof.
   1-16        (b)  The taking or condemnation of property to provide an
   1-17  access easement to land that does not have a means of access
   1-18  constitutes and serves a public use and public purpose because the
   1-19  access enhances the welfare and prosperity of the general public by
   1-20  promoting the alienability of land.  The fact that the owner of the
   1-21  land to which the access easement is provided does not reside on
   1-22  the land or that the access easement may be used by a relatively
   1-23  small percentage of the general public does not affect the
   1-24  declaration of public use and public purpose made by this
    2-1  subsection.
    2-2        SECTION 2.  This proposed constitutional amendment shall be
    2-3  submitted to the voters at an election to be held November 7, 1995.
    2-4  The ballot shall be printed to permit voting for or against the
    2-5  proposition:  "The constitutional amendment declaring that the
    2-6  taking of property to provide an access easement to land that does
    2-7  not have a means of access constitutes and serves a public use and
    2-8  purpose."