By: Jackson, Mowery, Flynn (Senate Sponsor - Janek) H.J.R. No. 30

(In the Senate - Received from the House May 3, 2007; May 15, 2007, read first time and referred to Committee on State Affairs; May 18, 2007, reported favorably by the following vote: Yeas 7, Nays 0; May 18, 2007, sent to printer.)

HOUSE JOINT RESOLUTION

proposing a constitutional amendment to allow the repurchase of real property acquired by a governmental entity through eminent domain.

BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Article III, Texas Constitution, is amended by adding Section 52j to read as follows:

Sec. 52j. A governmental entity may sell real property acquired through eminent domain to the person who owned the real property interest immediately before the governmental entity acquired the property interest, or to the person's heirs, successors, or assigns, at the price the entity paid at the time of acquisition if:

(1) the public use for which the property was acquired through eminent domain is canceled;

(2) no actual progress is made toward the public use during a prescribed period of time; or

(3) the property is unnecessary for the public use.

SECTION 2. This proposed constitutional amendment shall be submitted to the voters at an election to be held November 6, 2007. The ballot shall be printed to provide for voting for or against the proposition: "The constitutional amendment to allow governmental entities to sell property acquired through eminent domain back to the previous owners at the price the entities paid to acquire the property."

* * * * *