Texas Proposition 7 (2007)
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Proposition 7 would allow governmental entities to sell property acquired through eminent domain back to the previous owners at the price the entities paid to acquire the property.
Proposition 7 appeared on the statewide November 2007 ballot in Texas along with fifteen other statewide propositions; all of them passed. All sixteen ballot measures were legislative referrals voted onto the ballot by the Texas State Legislature.
Overview
Currently, under the Texas "taking clause" any time the government uses eminent domain it must give the overs "fair market price" compensation. Under Proposition 7 if the land was taken under eminent domain but the plans were canceled, no progress was made or it became unnecessary for public use then the original owners should be allowed to buy it back at the price paid by the government in aquiring the land.
Statement of Support
Supporters believe that this is an incentive for the government to use eminent domain as a last resort. They believe it would also act as a "damage payment" to compensate for the those that went through eminent domain.
Newspapers
Dallas Morning News
- " We support this amendment because it allows governments to sell property back to the original owners at the price paid for the land."[1]
The Austin Chronicle
- "This "allows" but does not mandate such sales, and the number of such occasions is small. A reasonable check on unnecessary condemnation."[2]
Montgomery Courier[3]
Fort Worth Star-Telegram
- "In an exchange forced on one party, if the merchandise is not "used" by the buyer, the merchandise should revert to the (unwilling) seller, and the original purchase money should revert to the buyer."[4]
Other Support
- Americans for Prosperity[5]
- Texas Wildlife Association[6]
Statement of Opposition
Opponents believe that this proposition acts as a "double recovery" for repurchasing the land at less than current market value. Also, once individuals have been compensated for land through eminent domain, they forfeit their rights to the property.
A Taxpayer's Perspective
Proposition 7 would permit localities to sell property seized under eminent domain back to the original owner for the amount the owner was first compensated.
Election results
The initiative passed with 860,187 voting for it (80%) and 210,954 voting against it (20%).
References
- ↑ We Recommend, Dallas Morning News, Oct. 22
- ↑ Austin Chronicle Endorsements, Austin Chronicle, Nov. 2, 2007
- ↑ Proposition 2 will keep program alive, The Courier, Nov. 1, 2007
- ↑ TTC News
- ↑ AFP
- ↑ Texas Wildlife Association
External links
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