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A JOINT RESOLUTION
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proposing a constitutional amendment relating to the public taking |
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of private property for private use. |
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BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 17, Article I, Texas Constitution, is |
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amended to read as follows: |
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Sec. 17. (a) No person's property shall be taken, damaged |
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or destroyed for or applied to public use without adequate and just |
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compensation being made, unless by the consent of such person; and, |
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when taken, except for the use of the State, such compensation shall |
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be first made, or secured by a deposit of money; and no irrevocable |
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or uncontrollable grant of special privileges or immunities, shall |
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be made; but all privileges and franchises granted by the |
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Legislature, or created under its authority shall be subject to the |
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control thereof. |
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(b) Except as otherwise expressly provided for by the |
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Legislature, the authority granted by this section: |
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(1) is permitted only if the public, a public agency, |
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or a public utility will ultimately use and own the property taken, |
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damaged, or destroyed; and |
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(2) is not permitted if the taking will transfer |
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ownership or possession of all or part of the property taken, |
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damaged, or destroyed to another person for private use. |
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SECTION 2. This proposed constitutional amendment shall be |
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submitted to the voters at an election to be held November 6, 2007. |
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The ballot shall be printed to provide for voting for or against the |
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proposition: "The constitutional amendment to limit the power of |
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eminent domain to property taken for public use." |