Perry 'takes a stand' on eminent domain
Perry Adds Property Rights To Session
7/14/05
Livestock Weekly
Copyright 2005
AUSTIN — Texas Gov. Rick Perry last Friday expanded the special legislative session to include legislation that limits government’s ability to take property from private owners through eminent domain.
The U.S. Supreme Court recently set a new legal precedent that allows government entities to seize private property for economic development purposes.
“We applaud Gov. Perry for taking a stand on this issue,” said Texas and Southwestern Cattle Raisers Association President Dick Sherron of Beaumont. “Property ownership is a basic American right that shouldn’t be trampled on by federal, state or local governments.”
On June 23, the Supreme Court held, in a five-to-four vote, that local governments could seize private property to promote economic development, thus expanding the power of eminent domain by broadening the definition of “public use.”
Supreme Court Justice Sandra Day O’Connor disagreed, saying in her dissenting opinion that “nothing is to prevent the State from replacing any Motel 6 with a Ritz-Carlton, any home with a shopping mall, or any farm with a factory.”
O’Connor recommended that landowners look to the states for protection.
TSCRA was among several agriculture and property rights groups that called for immediate action during the first-called special session of the 79th Legislature. Legislation has already been filed by Rep. Franke Corte of San Antonio and Sen. Kyle Janek of Houston to prevent the taking of private property for economic development purposes or to benefit other private entities.
Efforts also are underway to restore and strengthen the protection of private property rights on the federal level. Texas Sen. John Cornyn has introduced legislation declaring that eminent domain should be reserved for true public uses. He also urges the states “to take action to voluntarily limit their own power of eminent domain.”
© 2007 Livestock Weekly: www.livestockweekly.com
To search TTC News Archives clickHERE
To view the Trans-Texas Corridor Blog clickHERE
7/14/05
Livestock Weekly
Copyright 2005
AUSTIN — Texas Gov. Rick Perry last Friday expanded the special legislative session to include legislation that limits government’s ability to take property from private owners through eminent domain.
The U.S. Supreme Court recently set a new legal precedent that allows government entities to seize private property for economic development purposes.
“We applaud Gov. Perry for taking a stand on this issue,” said Texas and Southwestern Cattle Raisers Association President Dick Sherron of Beaumont. “Property ownership is a basic American right that shouldn’t be trampled on by federal, state or local governments.”
On June 23, the Supreme Court held, in a five-to-four vote, that local governments could seize private property to promote economic development, thus expanding the power of eminent domain by broadening the definition of “public use.”
Supreme Court Justice Sandra Day O’Connor disagreed, saying in her dissenting opinion that “nothing is to prevent the State from replacing any Motel 6 with a Ritz-Carlton, any home with a shopping mall, or any farm with a factory.”
O’Connor recommended that landowners look to the states for protection.
TSCRA was among several agriculture and property rights groups that called for immediate action during the first-called special session of the 79th Legislature. Legislation has already been filed by Rep. Franke Corte of San Antonio and Sen. Kyle Janek of Houston to prevent the taking of private property for economic development purposes or to benefit other private entities.
Efforts also are underway to restore and strengthen the protection of private property rights on the federal level. Texas Sen. John Cornyn has introduced legislation declaring that eminent domain should be reserved for true public uses. He also urges the states “to take action to voluntarily limit their own power of eminent domain.”
© 2007 Livestock Weekly:
To search TTC News Archives click
To view the Trans-Texas Corridor Blog click
posted by Porkus Maximus Tex: at Thursday, July 14, 2005
<< Home