SRC-PNG S.J.R. 17 76(R)   BILL ANALYSIS


Senate Research Center   S.J.R. 17
76R4341 PAM-FBy: Armbrister
State Affairs
2/23/1999
As Filed


DIGEST 

Currently, under Texas law, a landlocked property owner has few limited
legal theories available to establish access easements.  If a person cannot
establish a right of way under any of the limited legal theories, there is
no recourse under Texas law.  Federal case law has suggested a broad remedy
would be constitutional if an overall public purpose is served.  This
resolution proposes a constitutional amendment stating that the taking of
property to provide an access easement to land that does not have a means
of access constitutes and serves a public use and purpose.  

PURPOSE

As proposed, S.J.R. 17 proposes a constitutional amendment declaring that
the taking of property to provide an access easement to land that does not
have a means of access constitutes and serves a public use and purpose. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 17, Article I, Texas Constitution, to provide
that a taking or condemnation of property to provide an access easement to
land that does not have a means of access constitutes and serves a public
use and public purpose because the access enhances the welfare and
prosperity of the general public by promoting the alienability of land.
Provides that the fact that the owner of the land to which the access
easement is provided does not reside on the land or that the access
easement may be used by a relatively small percentage of the general public
does not affect the declaration of public use and public purpose made by
this subsection.  Makes a conforming change. 

SECTION 2.  Requires this proposed constitutional amendment be submitted to
the voters at an election to be held on November 2, 1999.  Sets forth the
required language for the ballot.