Mineral Wells Index, Mineral Wells, TX

November 4, 2009

County, state voters pass eminent domain law


From Staff and Wire Reports

Palo Pinto County voters joined Texas ballot-casters Tuesday in overwhelmingly approving a constitutional amendment limiting the government's eminent domain powers.

Proposition 11 — the eminent domain amendment supported by the Texas Farm Bureau, Gov. Rick Perry and Perry's Republican rival, Sen. Kay Bailey Hutchison — had 81 percent of the statewide vote favoring it and 19 percent against, with nearly 80 percent of all precincts reporting late Tuesday.

Palo Pinto County – which saw an election turnout of nearly 8 percent of its 16,805 registered voters for Tuesday's election – approved the proposition by an 83 percent to 17 percent margin, with 1,102 votes in favor and just 219 opposed, according to final but unofficial returns and with ballots from all 31 precincts counted.

A proposition to guarantee public access to beaches and another to help build veterans hospitals also sailed to easy passage both across Texas and in Palo Pinto County. Locally, 71 percent of the voters approved the measure beach access question, while the measure to allow state contributions to veterans hospitals received support from 64 percent of the county's voters.

Palo Pinto County voters approved of eight of the 11 constitutional amendments appearing on the special election ballot. The three rejected locally were Proposition 1 to allow city and county financing to buy buffer areas near military installations; Proposition 4 establishing a National Research University Fund; and Proposition 5 to allow consolidated boards of equalization for appraisal districts. Both propositions 1 and 5 passed statewide.

Proposition 4 also passed statewide, with 56 percent in favor. It aims to create a national research university fund out of $500 million in existing state money. Currently, Texas has three top-level research universities: the University of Texas at Austin; Texas A&M; University and Rice University. It lags behind other big states like California and New York, proponents said. Seven other Texas universities are vying to achieve so-called Tier One status.

"Tonight's passage of Proposition 4 sends this important message: Texans understand that more nationally recognized research universities will help retain Texas-grown talent, recruit top researchers who will generate billions of dollars in economic growth and create more high paying, permanent jobs," said former Lt. Governor Bill Hobby, co-chair of Texans for Tier One.

Proposition 11 to limit eminent domain powers will state in the constitution that governments in Texas are prevented from seizing private property and giving it to a private developer to boost the tax base.

Both major Republican candidates for governor issued statements on the election outcome.

"By approving Proposition 11, the voters of Texas have sent a clear message: Don't mess with private property rights," Perry said.

Hutchison praised the results and said it was a "first step" toward changing eminent domain laws.

"Texans have sent a clear message that private property rights are sacred. I look forward to working with the Legislature to further strengthen the respect for private property as the next governor of Texas," Hutchison said.

Texas Farm Bureau President Kenneth Dierschke said passage of the amendment was an important, but incomplete, victory. He said Texas' eminent domain laws still favor the condemner of property.

One group opposed to Prop 11 was the private property and anti-toll road organization Texans Uniting for Reform and Freedom, which said the proposed amendment leaves open loopholes and doesn't address issues like diminished access to remaining land after an eminent domain seizure.

Terri Hall, founder and director of TURF, said Texans sent a strong message with their vote Tuesday that they want eminent domain reform, but she said Prop 11 doesn't get the job done.

"The Texas Legislature needs to continue the push for further reforms and to prevent abuses," she said.

Proposition 9 cements in the Texas Constitution the state's open beaches law. Backers said it will protect public beach access from lawsuits or legislative interference, while opponents said it could erode private property rights.

All the ballot propositions had to win two-thirds passage in the Legislature to go before voters.



Local results

Here is how Palo Pinto County voted in Tuesday's constitutional amendments election in final, but unofficial, totals released:

Proposition 1 – Authorizing city and county financing to buy buffer areas near military installations.

Yes – 587

3No – 711

Proposition 2 – Requiring appraisal of residence homesteads based solely on their homestead value.

3Yes – 849

No – 465

Proposition 3 – Allowing state enforcement of uniform property appraisal standards and procedures

3Yes – 709

No – 594

Proposition 4 – Establishing the National Research University Fund.

Yes – 585

3No – 713

Proposition 5 – Allowing consolidated boards of equalization for appraisal districts.

Yes – 558

3No – 727

Proposition 6 – Renewing Veteran's Land Board bond authority for land and mortgage loans.

3Yes – 818

No – 477

Proposition 7 – Allowing members of the Texas State Guard to hold civil office.

3Yes – 896

No – 405

Proposition 8 – Authorizing the state to contribute resources to veteran's hospitals.

3Yes – 836

No – 471

Proposition 9 – Establishing a right to use and access public beaches.

3Yes – 920

No – 378

Proposition 10 – Allowing board members of emergency services districts to serve four years.

3Yes – 810

No – 491

Proposition 11 – Restricting use of eminent domain to taking property for public purposes.

3Yes – 1,102

No – 219