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Measure Details

Restricting Use of Eminent Domain to Taking Property for Public Purposes

Texas Ballot Measure - Proposition 11

Election: Nov. 3, 2009 (General)
Outcome: Passed

Categories:
Housing and Property
Constitution
Government Operations

Summary

HJR 14 would amend the constitution to provide that the taking of private property for public use ("eminent domain") is authorized only if it is for the ownership, use, and enjoyment of the property by the State, its political subdivisions, the public at large, or by entities granted the power of eminent domain, or for the removal of urban blight. The amendment would prohibit the taking of private property for transfer to a private entity for the purpose of economic development or to increase tax revenues. The amendment would also limit the legislature's authority to grant the power of eminent domain in the future unless it is approved by a two-thirds vote of all the members elected to each house.

Measure Text

The constitutional amendment to prohibit the taking, damaging, or destroying of private property for public use unless the action is for the ownership, use, and enjoyment of the property by the State, a political subdivision of the State, the public at large, or entities granted the power of eminent domain under law or for the elimination of urban blight on a particular parcel of property, but not for certain economic development or enhancement of tax revenue purposes, and to limit the legislature's authority to grant the power of eminent domain to an entity.

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