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A JOINT RESOLUTION
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proposing a constitutional amendment concerning the right to |
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repurchase real property acquired through eminent domain. |
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BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 52j, Article III, Texas Constitution, is |
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amended to read as follows: |
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Sec. 52j. A person from whom a real property interest is |
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acquired by an entity through eminent domain for a public use, or |
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that person's heirs, successors, or assigns, is entitled to |
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repurchase the property under the conditions provided by this |
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section. An [A governmental] entity shall offer to [may] sell real |
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property acquired through eminent domain to the person who owned |
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the real property interest immediately before the [governmental] |
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entity acquired the property interest, or to the person's heirs, |
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successors, or assigns, at the price the entity paid at the time of |
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acquisition if: |
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(1) the public use for which the property was acquired |
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through eminent domain is canceled; |
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(2) no actual progress is made toward the public use |
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during a prescribed period of time; or |
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(3) the property is unnecessary for the public 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 7, 2023. |
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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 require an entity to |
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offer for sale under certain conditions real property acquired |
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through eminent domain to the previous owner at the price the entity |
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paid to acquire the property." |