Texas Legislature May Place Private Property Rights Question in Hands of Voters

TexasInsider.org ^ | June 24, 2005

[Constitutionalist Conservative]

Representative Corte Moves to Defend Private Property Rights

 

In response to Thursday's ruling by the U.S. Supreme Court to allow local governments to seize homes and businesses against the owner's will for economic development, Rep. Frank Corte, Jr. (San Antonio) will file a constitutional amendment in the special session to defend the rights of property owners in Texas. The legislation will limit a local governmental entity's power of eminent domain, preventing them from bulldozing residencies in favor of projects for private developers. "The power of eminent domain was never intended to be used to line the pockets of private companies," Corte remarked of the ruling.

Rep. Corte will ask the governor to add the issue to the call of the current special session, allowing the legislature to consider the matter. In order for the constitutional amendment to appear on the November ballot, it is critical that the issue be addressed without delay.

"The right to own and use property is inherent to a free society. When a government decides they know how to use private property better than the individual, private property rights cease to exist," noted Rep. Corte.

The Supreme Court case Kelo v. The City of New London involved a 1998 case where the City of New London, Connecticut condemned several private residences to allow for a redevelopment plan in conjunction with the construction of a major pharmaceutical research facility.

[tomkat]

Our property taxes are too high and we are going to get nailed with a huge tax increase to lower them ...

pardon me, but ???

[backtothestreets]

There's a bit of a silver lining in the ruling handed down yesterday, and it appears Texans will be among the first to realize it.

I didn't like the ruling except for it taking the issue from the courts and Congress, and deferring it to the individual states to address. Now it's up to citizens to push their state governments to do what is right.

Seven states had addressed the issue of eminent domain before yesterdays decision. These states did it by establishing strict guidelines that local communities must meet before they can even begin to consider eminent domain. Surely more state will be forced to take these steps now. If written properly, the rights of property owners can be strengthened beyond what they had before this ruling.

[HiTech RedNeck]

Well, except for that pesky little thing called a Constimatushion. What's one more hole in the Swiss cheese.

[Chewbacca]

I wonder if some of the DU'ers are wishing they had more conservative constitution abiding judges on the Supreme Court now? It seemed all the liberal judges voted to take peoples land.

[Freebird Forever]

But please....no candlelight vigils, hand holding circles and choruses of Kum-by-ya.

Not even of it is followed by a gun show and several hours of target practice?

[kittymyrib]

They must have forgotten to mention that Rep. Corte is a REPUBLICAN from San Antonio, just as the media has neglected to mention that the SCOTUS justices who voted to take away private property were the LIBERALS. That needs to be shouted into everyone's face. Who is the real enemy of the "little people"?

[LegionofDorkness]

"This is one of those rare issues Freepers and DUer's agree on."

At first glance you may think so, but the reason both sides disagree are completely different. Freepers are outraged because this totally destroys the concept of individual property rights. DUmmies see this as a case of big, wealthy corporations stomping on the little guy again (class warfare).

If this were a local government leveling a rich guy's mansion or a business in order to build a homeless shelter (for the public good, of course), DUmmies would have nothing but praise for the decision.

[OC_Steve]

You are correct that liberals and conservatives will come to both hate this. I was speaking to my bleeding heart lib friend last night and he was vehemently blasting the SCOTUS ruling. Funny thing our agreements were basically the same (except he said this was as bad as the Patriot Act).

Glad the Texas Legislature is working on this as I was thinking of buying property down on the Texas coast but won't if the cities are allowed to run roughshod over the property owners (ala Freeport).

[HiTech RedNeck]

This could sell the left on more Libertarians. Which would be a Good Thing.

[toomanygrasshoppers]

This is one of those rare issues Freepers and DUer's agree on.


That's what I heard too until I went to DU and began to read. Some of the posts scared me to death. One poster was explaining that this ruling was good b/c the government could take land from someone who was misusing it like when they kill animals on their property (i.e. hunting). Another explained that the ruling was OK b/c the government really owns all the property and people are really just leasing it from the gov when they "buy" it. The ranks of the socialists are growing and growing. Most have been brainwashed over the years and can't see how evil socialism is. God help us all.

[Jarhead1957]

Yeah, I hope it get in the first special session. Knowing the Texas Legislature like I do, I figure we will have at least three, and they will never pass a bill on school finance.

Maybe they will agree on the Eminent Domain Bill, and let the people of Texas speak.

[CFC__VRWC]

Thank God. This Supreme Court ruling is a travesty. I predict liberals and conservatives alike will come to hate this ruling.

If nothing else, proposed legislation or constitutional amendments like these will force these politicians to take a stand on one side or the other of this ruling.

I suspect that a lot of the "outrage" coming from the left is a sham. Virtually all of the major newspapers have heralded this SC decision - that alone should be enough to set the alarm bells ringing. Many of the liberal elites see all kinds of potential for social engineering in this ruling, but they're clever enough to lie low for now, until the media can distract the public with the latest "earth shattering news" about Tom and Katie's love affair.

They figure that once the furor dies down, some of their local hacks can condemn a few churches and "bad" businesses like gun shops and tobacco stores and hand the properties over to their developer pals so they can build gay bath houses or "cultural awareness centers" or "meditation circles", while at the same time putting in place restrictions that make it impossible to take property from anyone belonging to an approved "victim group." This will bring the rank-and-file leftists firmly on board, and that will set the vision that the five SC justices who gave us this abomination had in place.

Best to get all the enemies of private property rights out in the open right now, before they vanish into the background to work their agendas out of view.

[hobson]

For your Texas ping list.

We need to show our support for Rep Corte. Call, write, shout from the rooftop, etc.

[pax_et_bonum]

pinggggggggggggggg

[Liberty Valance]

Wow. Corte's credientials are amazing.
Governor Corte anyone?

[Flyer]

Property Rights Ping. . .

[politicalwit]

I was thinking that he's done a lot of good things while in the shadow. Pro-life, pro property rights, pro-gun...small business owner, nice military career. I could see some potential.

[Dog Gone]

If this were a local government leveling a rich guy's mansion or a business in order to build a homeless shelter (for the public good, of course), DUmmies would have nothing but praise for the decision.

Good, let's put some fast food restaurants on the land currently occupied by Barbra Streisand's house.

Sweet.

[commonasdirt]

Sit and think about that for a moment. A giant rally/fair/gun show. Freepers and Dummies united VERY grudgingly. We will agree to sing and hold candles. But they have to agree to sitting still during a second ammendment informative lecture. Now I know the Freepers would be able to remain polite and stand all the Wind chime & Gods Eye booths, Birkenstock sales. But could the DUmmies hold themselves in? I have strong doubts, it is not in their nature to be tolerant. They would have to break or their heads would explode.

[commonasdirt]

"At first glance you may think so, but the reason both sides disagree are completely different. Freepers are outraged because this totally destroys the concept of individual property rights. DUmmies see this as a case of big, wealthy corporations stomping on the little guy again (class warfare)."

Very true....but whatever their motivation it would be nice to have one loud voice, even if it is only for one issue. With one ruling SCOTUS has put lie to the myth of complete & total polarization. Who'd a thunk it? The net is a strong tool that higher ups do somewhat notice nowadays.