| |
| |
|
|
A JOINT RESOLUTION
|
|
|
proposing a constitutional amendment to limit the public taking of |
|
|
private property. |
|
|
BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 17, Article I, Texas Constitution, is |
|
|
amended to read as follows: |
|
|
Sec. 17. (a) No person's property shall be taken, |
|
|
damaged, or destroyed for or applied to public use without adequate |
|
|
and just compensation being made, unless by the consent of such |
|
|
person, and only if the taking, damage, or destruction is necessary |
|
|
for the possession, occupation, and enjoyment of the property by |
|
|
the public at large or by the State or a political subdivision of |
|
|
the State; and, when taken, except for the use of the State, such |
|
|
compensation shall be first made, or secured by a deposit of money; |
|
|
and no irrevocable or uncontrollable grant of special privileges or |
|
|
immunities[,] shall be made; but all privileges and franchises |
|
|
granted by the Legislature, or created under its authority, shall |
|
|
be subject to the control thereof. |
|
|
(b) The State or a political subdivision of the State that |
|
|
takes, damages, or destroys property must prove by clear and |
|
|
convincing evidence that the contemplated use of the property is |
|
|
public and necessary at the time an attempt is made to take, damage, |
|
|
or destroy the property. Whether the contemplated use is in fact |
|
|
public and necessary shall be a judicial question. |
|
|
SECTION 2. This proposed constitutional amendment shall be |
|
|
submitted to the voters at an election to be held November 3, 2009. |
|
|
The ballot shall be printed to permit voting for or against the |
|
|
proposition: "The constitutional amendment to limit the power of |
|
|
the state and political subdivisions to take property in certain |
|
|
circumstances where the use is public and necessary, which shall be |
|
|
a judicial question." |