Texas Senate approves eminent domain restrictions...

The Senate proposal is mixed news. It's not bad, but it's not perfect, and it has a fairly long list of exceptions:

Under Senate Bill 62, the taking of private property through eminent domain lawsuits for economic development purposes or to be turned over to a private developer mostly would be prohibited.

Approved exceptions would include transportation projects such as railroads, highways, ports and airports; water supply projects; pipelines and utility projects; flood control projects; and community sports arenas, such as the new Dallas Cowboys stadium in Arlington.

Citing the exceptions as proof the measure would have wider impact than predicted, foes criticized it as a legislative wolf in sheep's clothing.

I don't think those exceptions should be necessary under the "public use" standard, but they may help avoid litigation. I'm nervous about the exceptions for flood control projects, and the community sports arenas exception is obviously wrongheaded. It's also implemented as legislation, rather than a Constitutional amendment, meaning that the legislature can ignore it with a simple majority vote any time they feel like adding an exception.

The Texas House is working to put an amendment on the ballot instead. That may be a better approach.

The Democrats are arguing in favor of eminent domain, of course; it's hard to believe that they really are this deaf to public opinion:

Whitmire and others warned that the wording of the measure would prevent or impair such projects as San Antonio's new Toyota plant and a hotel-parking-conference center proposed at the University of Texas.

Yes, a new Toyota plant is a taking for economic development. Toyota should buy the land. A new hotel at the University of Texas is a taking for economic development, even if the university will own the land, and the university should buy the land (or preferably, get out of the hotel business! Sheesh).

Posted on 2005-07-14 12:52:28.0 by matthew@triggerfinger.org

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