Eminent Domain Bill In Texas

First I want to apologize, In the middle of my last post, the Freepathon logo popped up and by the time I had finished making my contribution, I lost my place. Thanks to the Freepers who called my attention to the error.

A hearing has been scheduled for HJR 19 Tuesday July 5th at 1:00 pm or upon final adjournment of the House in the committee on Land and Resource Management in room E1.014. Please see the attached press release

All you have to do is show up and fill out a witness form. If you can't make it to Austin on Tuesday but would like to submit something in writing, you can mail your letters to:

Committee on Land and Resource Management Chair Anna Mowery P.O. Box 2910 Austin TX 78768

and cc the letter to the members of the committee on Land and Resource Management who can be found at the site below, send to the same address.

Please feel free to pass the word along to others who might be interested. Thank you for all your work and for taking interest in the extremely important issue.

Stephanie Cerami Texas House of Representatives Office of Rep. Frank J. Corte, Jr Administrative Assistant (512) 463-0646 PHONE (512) 463-0893 FAX

A JOINT RESOLUTION proposing a constitutional amendment to prohibit a political subdivision from taking private property for the primary purpose of economic development. BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION . Article I, Texas Constitution, is amended by adding Section 17A to read as follows: Sec. 17A. A political subdivision of this state may not take private property through the use of the power of eminent domain if a primary purpose of the taking is for economic development. SECTION . This proposed constitutional amendment shall be submitted to the voters at an election to be held November 8, 2005. The ballot shall be printed to permit voting for or against the proposition: "The constitutional amendment to prohibit a political subdivision from taking private property for the primary purpose of economic development."

Thanks for your post. Bump. Hope it works.

It is great to see Americans so aware of, & energized in defense of, private property rights by addressing threats, this terrible precedent (Kelo v. New London), and becoming aware of the downside of activist Judges. I have been concerned with both of these related issues for about a decade. I even had brief, separate, conversational encounters with two of the "good" Justices (Scalia & Thomas) in the Kelo case about 6 or 7 years ago re: "The Takings Clause" of the 5th Amendment designed to protect private property from arbitrary seizures, but providing for Eminent Domain for certain "public use" (NOT "public purpose") . It was clear they were anxious to see some good cases walk toward them. I doubt if they would have predicted the bizarre outcome in Kelo, though.

For those of us who are deeply concerned with protection of Private Property from improper application of Eminent Domain in contravention of the Original Intent of the Founders in the 5th Amendment's Takings Clause, I am registering a warning or a concern:

I think AG (& potential USSC Nominee) Alberto Gonzales is very weak on Private Property Rights and lacks an understanding of orignainl intent of the 5th Amendment's Takings Clause (Eminent Domain) based both upon some cases when he ws at the texas Supreme Ct. (e.g., FM Properties Operating Co. v. City of Austin, 22 S.W.3d 868 (Tex. 2000))

and, more recently and significantly, upon his NOT having joined in the Kelo case on the side of property owner. My understanding ws that he had sided with the League of Cities against Kelo while WH Counsel.

As some have frequently observed, he certainly believes in a "Living Constitution" and is NOT a strict constructionist or an Originalist, but rather tends toward the Activist side, per National Review Online and others.

He has been sharply critical of Priscilla Owen in some Texas Supreme Ct. decisions when they were both on that Ct. as Justices, and he has been quoted as being sharply criticial fo Janice Rogers Brown, including being quoted by People for the American Way in their ultra-leftist propaganda.

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