"Gov. Rick Perry signed a bill Monday that asks voters to amend the state constitution to limit the ability of government entities to take private property using their eminent domain authority." Houston Chronicle June 15, 2009
On the surface this story does not sound like much, but it is huge win for proponents of private property rights. The US Supreme Court Case Kelo vs. City of New London in 2005 gave authority to local governments to take private property for private use. This decision was contrary to long established use of eminent domain whereby governmental entities take private property only for a specific public need and public use. Over 20 states have enacted legislation to severely limit or stop takings of private property for economic reasons.
Last year the Western Seafood (Freeport TX) case was discussed on Marc’s blog. Many argued the local governments have the right to take private property for private use to increase local tax bases and other economic reasons. Generally these types of eminent domain issues are referred to as economic takings. Another local case of interest is a recent district court decision were the Porretto Family won a lawsuit against the General Land Office over beach property.
Looks like Texans will have the opportunity to vote on this issue.
