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A JOINT RESOLUTION
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proposing a constitutional amendment to limit the public taking of |
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private property. |
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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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only if the taking, damage, or destruction is necessary for the |
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elimination of urban blight on a particular parcel of property or |
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the possession, occupation, and enjoyment of the property by a |
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common carrier, by an entity providing utility service, by an |
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entity that provides telecommunications service, video service, or |
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cable service to which the law grants eminent domain authority, by |
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the public at large, by the State, or by a political subdivision of |
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the State; and, when taken, except for the use of the State, such |
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compensation shall be first made, or secured by a deposit of money; |
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and no irrevocable or uncontrollable grant of special privileges or |
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immunities[,] shall be made; but all privileges and franchises |
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granted by the Legislature, or created under its authority, shall |
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be subject to the control thereof. |
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(b) For the purposes of this section, adequate compensation |
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for the taking of property that is a homestead or farm, if the |
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taking makes relocation of the homestead or farm necessary, |
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includes the cost of relocation from the condemned property to |
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another property that allows the property owner, without the |
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necessity of incurring an amount of debt, debt service, or total |
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projected interest obligation that is higher than the property |
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owner was subject to immediately before the taking to: |
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(1) have a standard of living comparable to the |
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property owner's standard of living immediately before the taking, |
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if the property taken is a homestead; or |
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(2) operate a comparable farm, if the property taken |
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is a farm. |
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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 3, 2009. |
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The ballot shall be printed to permit voting for or against the |
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proposition: "The constitutional amendment to prohibit the taking, |
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damaging, or destroying of private property for public use unless |
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the action is necessary for the elimination of urban blight on a |
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particular parcel of property or the possession, occupation, and |
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enjoyment of the property by a common carrier, an entity providing |
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utility service, an entity that provides telecommunications |
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service, video service, or cable service to which the law grants |
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eminent domain authority, the public, the state, or a political |
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subdivision, and to require compensation for homesteads and farms |
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taken in certain circumstances where the use is public and |
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necessary to include the cost of relocating to a comparable |
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property." |