Eminent Domain Amendment Draws Considerable Interest
Proposition 11 Homeowner Friendly, Corte Says
POSTED: Monday, October 19, 2009
UPDATED: 7:50 pm CDT October 19,
2009
SAN ANTONIO -- The goal of the author of proposed Constitutional Amendment 11 on the November ballot is to make the current state ban on taking private property through eminent domain for private economic development a part of the Texas Constitution.
“They defined public use as the increase in revenue that they would have by giving it to this third party and the re-development of that,” said state Rep. Frank Corte of San Antonio. "I just think that’s wrong.”
Corte said it is important that the matter of eminent domain be decided by voters rather than the legislature.
“If it was just a statute the legislature could change it every two years,” he said.
A constitutional amendment requires voter approval.
Opponents to the amendment say that the language in the proposed change to the constitution is confusing and would only lead to costly litigation. They say it is still another attempt by lawmakers to write “a convoluted amendment to the state constitution that will only come back to haunt us.”
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