Eminent Domain reform moved forward for the first time since 2005. HJR 14 will stop local governments from using blight designations to condemn blocks of perfectly good homes and businesses for economic development projects. That is good news—El Paso and other cities may be out of the downtown redevelopment business when it comes to using eminent domain.
However, local government opposition weakened public use language in HJR 14, meaning more work needs to be done in 2011. Legislators should push for statutory changes that ban Kelo-style transfers of taken property from one owner to another, further reform blight laws, and end government land speculation by allowing original owners to repurchase any condemned property that hasn’t been used within five years.
When it comes to regulatory takings—which probably has a bigger negative impact on the Texas economy—nothing was accomplished. Cities are still free to take property by restricting its use with few limitations.
This post was first published by the Texas Public Policy Foundation.
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