Texas Sale of Eminent Domain Property, Proposition 7 (2007)

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The Texas Sale of Eminent Domain Property Amendment, also known as Proposition 7, was on the November 6, 2007 ballot in Texas as a legislatively-referred constitutional amendment, where it was approved. The measure allowed governmental entities to sell property acquired through eminent domain back to the previous owners at the price the entities paid to acquire the property.[1][2]

Election results

Texas Proposition 7 (2007)
ResultVotesPercentage
Approveda Yes 867,973 80.33%
No212,55519.67%

Election results via: Legislative Reference Library of Texas

Text of measure

The text of the measure can be read here.

Support

Supporters believed that this was an incentive for the government to use eminent domain as a last resort. They believed it would also act as a "damage payment" to compensate for the those that went through eminent domain.

Supporters

Opposition

Opponents believed that this proposition acted 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.

Media editorial positions

Support

  • The Dallas Morning News said, "We support this amendment because it allows governments to sell property back to the original owners at the price paid for the land."[5]
  • The Austin Chronicle said, "This "allows" but does not mandate such sales, and the number of such occasions is small. A reasonable check on unnecessary condemnation."[6]
  • The Fort Worth Star-Telegram said, "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."[7]

Path to the ballot

See also: Laws governing direct democracy in Texas

As laid out in Article 17 of the Texas Constitution, in order for a proposed constitutional amendment to be placed on the ballot, the Texas State Legislature must propose the amendment in a joint resolution of both the Texas State Senate and the Texas House of Representatives. The joint resolution can originate in either the House or the Senate. The resolution must be adopted by a vote of at least two-thirds of the membership of each house of the legislature. That amounts to a minimum of 100 votes in the House of Representatives and 21 votes in the Senate.

See also

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External links

References


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