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Texas Enacts Law Limiting Property Seizures

In response to the Supreme Court's decision last term in Kelo approving state seizure of property for economic development, the Texas legislature passed a law restricting such seizures. Texas Governor Rick Perry signed the bill into law Wednesday.

Under the Constitution, governments cannot take private property for public use without ''just compensation.'' Local governments have traditionally used their eminent domain authority to build roads, reservoirs and other public projects. But over decades, the high court has expanded the definition of public use, allowing cities to employ eminent domain to eliminate blight.

In June, the Supreme Court ruled 5-4 that New London, Conn., could take homes for a private development project. But the ruling also allowed states to ban the practice.

My thoughts (personal, not legal) on the Kelo decision are here. Last Night in Little Rock's are here.

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  • Re: Texas Enacts Law Limiting Property Seizures (none / 0) (#1)
    by scarshapedstar on Wed Aug 31, 2005 at 11:18:44 PM EST
    I was expecting it to say that you get to keep your house if you can shoot the government agent first.

    Re: Texas Enacts Law Limiting Property Seizures (none / 0) (#2)
    by Talkleft Visitor on Thu Sep 01, 2005 at 04:41:08 AM EST
    Gee if they had this law 20 years ago shrub couldn't have had Texas seize land to give to him and the his ball team that made him rich. Remember that he made his money by using government authority to seize property so he and his chums could not only build a welfare stadium but extra land for extensive extra development. Hypocrosy is running rampant among Texas rethuglican pols.

    Re: Texas Enacts Law Limiting Property Seizures (none / 0) (#3)
    by pigwiggle on Thu Sep 01, 2005 at 08:31:51 AM EST
    Utah fixed this 3 months before Kelo was decided. My favorite portion of the law
    prohibits a redevelopment agency from using eminent domain to acquire property, except when acquiring property from an agency board member or officer;
    What kills me is the federal legislatures scramble to fix this. So much for an activist judiciary.

    Re: Texas Enacts Law Limiting Property Seizures (none / 0) (#4)
    by The Heretik on Thu Sep 01, 2005 at 08:41:15 AM EST
    Too bad this law wasn't around when Bush and his Texas Ranger cronies used eminent domain to take land for a baseball stadium. That deal made this most fortunate son his millions. More on this at Fortunate Son Slides into Home

    Re: Texas Enacts Law Limiting Property Seizures (none / 0) (#6)
    by kdog on Thu Sep 01, 2005 at 09:55:47 AM EST
    Alert the Media!! A new, good law has been passed, as opposed to the usual unnecessary and restrictive ones that are the norm. Just when I thought lawmakers were useless, they go and pass a beautiful piece of legislation that preserves the rights of the individual. I am pleasantly surprised.

    Re: Texas Enacts Law Limiting Property Seizures (none / 0) (#7)
    by Talkleft Visitor on Thu Sep 01, 2005 at 11:22:10 AM EST
    NO is a great example of why KELO is good. State government SHOULD buy the homes from those who built on wetlands to RESTORE the wetlands which of course would help tremendously in preventing these disasters....

    Re: Texas Enacts Law Limiting Property Seizures (none / 0) (#5)
    by Talkleft Visitor on Thu Sep 01, 2005 at 11:57:49 AM EST
    Holy talking points batman!

    Re: Texas Enacts Law Limiting Property Seizures (none / 0) (#8)
    by Talkleft Visitor on Thu Sep 01, 2005 at 12:17:55 PM EST
    Anon: You missed the point of the entire kelo case.