Texas Senate passes eminent domain restrictions

Taking a break from the Hearne v. Mumford debate, I found an update to the quest for limited government use of eminent domain: "Senate adopts eminent domain measure, sends bill to governor" (AP)

Now the issue is in Governor Perry's hands, who is expected to sign the bill.

The bill -- SB7 -- says eminent domain MAY NOT be used if the action:
(1) confers a private benefit on a particular private party through the use of the property;
(2) is for a public use that is merely a pretext to confer a private benefit on a particular private party;
(3) is for economic development purposes, unless the economic development is a secondary purpose resulting from municipal community development or municipal urban renewal activities...to eliminate an existing affirmative harm on society from slum or blighted areas; or
(4) is to raise revenue to meet the cost of a public project if the property being taken is not otherwise necessary for the safe or convenient operation of that public project, except that this subdivision does not affect the distribution of surplus
toll revenue as otherwise provided by law.

It sounds like a good start, but I still like the idea of a state Constitutional amendment more. (My concerns here)


Post a Comment

<< Home