Perry signs eminent domain legislation

Austin Business Journal

Texas Governor Rick Perry signed a house joint resolution on Monday that will establish an amendment to the Texas Constitution to protect Texas landowners from eminent domain, if Texas voters approve the resolution during a vote in November.

Perry’s office said House Joint Resolution 14, if approved by voters, will establish greater protections for property owners by including landowner rights in the Texas Constitution.

The purpose of the proposed amendment is to protect Texas citizens from eminent domain abuses when the government and other entities insist on taking land for other purposes.

“Land ownership is an essential part of Texas’ culture, and we owe it to our citizens to protect their rights as landowners and members of the community from government entities that overstep their bounds and abuse eminent domain,” Perry said. “The Legislature has moved us in the right direction with the passing of HJR 14, which will give Texans the right to vote in November to protect their homes and property from being taken by the government and given to someone else.”

Perry’s office added that if the amendment obtains the voters’ approval, it will reinforce Senate Bill 7, which passed during the 79th legislature to prohibit government acquisition of land for non-public purposes, including commercial economic development.

The new house joint resolution also will require two-thirds of all house members to approve any request to grant eminent domain authority to a party.

Perry’s office added that the bill prevents government entities from calling a neighborhood “blighted” without evaluating the quality of each property and factoring that into the equation.