The Ongoing Rebirth of Eminent Domain: Is the Emperor Wearing His New Clothes?

Eminent Domain

The Ongoing Rebirth of Eminent Domain: Is the Emperor Wearing His New Clothes?

22 January 2009 at 7:23:09 PM

Texas Gov. Rick Perry is "chomping at the bit" again.  It is a new legislative session and the first thing the governor wants to do is to stir-up old business.  The topic is "Eminent Domain".
You may ask, "Why does the governor want to push through legislation for eminent domain?"  Is it for the reason he states, to protect Texas property owners?
According to an article in the 1/20/2009 Austin American-Statesman:
Gov. Rick Perry, bracing for a fight over property rights in the 2010 Republican primary, said Thursday he wants to amend the state constitution to further protect private landowners from eminent domain abuses.
Invoking the names of Texas independence fighter Davy Crockett, Perry proclaimed his support for Texans who are "justifiably fiercely committed to land ownership." He said he wants to ensure fair property negotiations and a ban on the government seizing land for commercial development.
"Texas still has the best land," Perry said, paraphrasing Crockett. "We've got to fight to protect the rights of folks who own it."

And if you believe that, folks, I have some ocean front property in Central Texas I will sell you at a great price!
In 2005 after the Federal Supreme Court voted to permit government to acquisition private property for development purposes, many state legislators promptly began actions that would inhibit such eminent domain activities for the protection of their constituents.  On November 25, 2005 Gov. Rick Perry signed off on Senate Bill 7 that protected Texans from government takeover of their private property for profiteering and development purposes.

In 2007 Gov. Rick Perry, advised by his Transportation "Lieutenant" Rep. Mike Krusee [who retired this year from the House], vetoed House Bill 2006 that paved the way for additional compensation by requiring eminent domain commissioners to consider “loss of access” when determining dollar amounts. The bill also provided for the recovery of damages like changes to traffic patterns and visibility of the remaining property from the road.

The reason Perry refused to sign HB2006, which was supported by Texas Department of Agriculture Commissioner Todd Staples, The Texas Farm Bureau and the Texas and Southwestern Cattle Raisers Association --- to name a few --- is because Perry was getting excessive pressure from cities, counties and TxDOT to veto it, because of how it increases the cost of eminent domain for roads and highway construction.  Naturally, it does; however, the reality is (or should be) that if the government is going to forcibly take someone’s property from them, you had better pay them reasonably well — at least fair-market value.

In conclusion, what Gov. Rick Perry is trying to do in the current 2009 Legislative Session is NOT to provide more protection for Texas property owners, instead he is trying to "stack the deck" for government to pay landowners as little as possible to take away their private property in the name of development and profiteering.

After 8 years of Rick Perry's rule as Governor, Texans should have learned an important lesson.  Virtually ANYTHING sought after by Gov. Perry is NOT in the best interests of MOST Texans and their families.

Contact Gov. Perry, your Texas House Representatives and State Senators to vote against the Governor's hidden agenda re: eminent domain bill.  It is a violation of the rights of Texas property owners that will NOT offer fair market reimbursement for the government taking away our private property.


Gov. Rick Perry:
Texas Senate:
Texas House of Representatives:

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1 - salon   22 Jan 2009 @ 7:25:50 PM 

That absolutely boggles my mind. There' NO WAY I believe that Mr. Trans Texas Corridor who, very recently, said he STILL wants the TTC and toll roads which, um, TAKE AWAY PEOPLE's LAND, suddently wants to do eminent domain? What could it be? What is KBH's position on eminent domain? Is he just saying this crap to get on her ground?

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2 - pstern   22 Jan 2009 @ 8:22:54 PM 

Kay Bailey Hutchison has been pretty good with some of these issues.

Don't forget it was she who wrote the bill to prevent transportation departments (TxDOT] to place tolls on already paid for [via taxes] roadways.

Perry is a worm!  That's all there is to it.

He and Dewhurst [also has become a worm!] now want to place a cap on higher education tuition --- after they pushed for deregulation of tuition!

The amazing thing is that here in Texas corrupt and special interest officials do most things blantantly, showing virtually no fear of voter retribution or being held accountable by the Attorney General or District Attorneys, who have no jurisdiction over them.

Add to it the fact that Texans have no law to recall the governor and you have a Perry tyrant who gets away with anything.

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3 - humanbeing   23 Jan 2009 @ 9:22:09 AM 

 Isn't this just a ploy to gather votes in the next election (based on lies, of course...what else is new?)?

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4 - pstern   23 Jan 2009 @ 10:08:05 AM 

Of course it is, HB.  Perry feels Hutchison already breathing down his neck.  She already has more in campaign contributions than he does.

However, even with this significance, Perry remains all smokescreen.  What he wants to do doesn't work in the best interests of the Texas community.  It is all placebo, just as most of his previous pro-bill stances have been.

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