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A JOINT RESOLUTION
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proposing a constitutional amendment to require compensation for |
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certain property taken where the use is public and necessary. |
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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, |
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damaged, or destroyed for or applied to public use without adequate |
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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[,] |
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shall be made; but all privileges and franchises granted by the |
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Legislature, or created under its authority, shall be subject to |
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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 require |
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compensation for homesteads and farms taken in certain |
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circumstances where the use is public and necessary to include the |
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cost of relocating to a comparable property." |