Skip to comments.Perry should back up eminent domain talk
Posted on 06/22/2007 12:51:46 PM PDT by Tolerance Sucks Rocks
Gov. Rick Perry’s veto this week of an eminent domain bill designed to protect landowners left a lot of Texans scratching their heads, and you can lump us in with those feeling dumbfounded.
Perry — who was among those making political hay when the U.S. Supreme Court ruled in 2005 that cities can seize homes under eminent domain for use by private developers and made the issue an emergency item in a special session that same year — had a chance to back his tough talk and posturing on property rights with action. But when push came to powerful shove against business interests, Perry sided against landowners.
Even though the Supreme Court ruled on the side of developers in the 2005 case, it also said states can craft laws that limit eminent domain. That’s what the Texas House — by a vote of 125-25 — and Senate — in a unanimous vote — did in the bill sent to Perry.
Many feel the Trans-Texas Corridor, a project championed by Perry, will bring about mass evictions of Texans from their homes, farms and ranches. The proposal involves more than 4,000 miles of tollways and railways and cuts through many Texans’ private land.
Farmers and the Texas Farm Bureau were especially upset with the veto. Perry, who touts his farming background, is a former state agriculture commissioner.
“The taking of private property has become far too easy in this state,” Kenneth Dierschke, president of the Bureau, said in a statement. “Obviously, there are many powerful interests that prefer it stay that way."
Perry cited opposition to the bill from fast-growing cities and counties who claimed cost of construction projects would rise. His office’s press release also pointed to how the bill expanded damages a landowner could recover from diminished access to roads and changes in traffic patterns and property visibility.
But certainly those factors were weighed by the Legislature, which overwhelmingly acted on the people’s call for protection from eminent domain.
Perry’s acquiescence to big business is no surprise. He talked tough on border security during his re-election campaign, then dramatically changed his tone after the election when talking to business leaders who rely on immigrant labor. And sadly, eminent domain has no doubt been filed in the same place as true property tax relief for Texas homeowners.
One also has to wonder if Perry’s veto is simply payback to legislators who overturned his executive order on mandatory cervical cancer vaccines and spurned other Perry agenda items. If so, it’s just one more black mark for his less-than-inspiring governorship.
This editorial was written by Chris Greene, sports editor of The Facts.
Trans-Texas Corridor PING!
You Texans need to find a way to impeach this snake Perry.
What are the chances of the veto being overturned?
As far as I know, no chance. The legislature has already adjourned for another two years.
Zero...Perry threatened them with a special session. They backed down on the toll road moratorium as well. Heaven forbid they should have to work a few days through their summer vacation to protect their constituents. They are a bunch of sniveling cowards. Governor 39% Mandate needs to be impeached.
I want my vote back.
Does “public use” necessitate “public ownership”?
If a government owned turnpike authority can exercise eminent domain to take land to build a publicly used toll road financed by bonds purchased by investors, then could the government exercise eminent domain to take land so that a group of investors can build a publicly used toll road?
Kenneth Dierschke, Farm Bureau President mentioned in the article as complaining, is on the ag subsidy list to the tune of $404,878.71. And if that is not enough, there are 33 members of the Dierschke family sucking those ag supports. Poor little rich kid Kenneth ain't even at the top of the list.
I can vouch for this. I have a relative who works for a county in the Houston area. He is an attorney who does condemnation cases. He told me all the counties and most of the lawmakers and judges in the area wanted this bill vetoed. These same areas also were exempted from the toll road moratorium.
“government owned turnpike auth”
Little different scenerio in Texas.
“Regional mobility authorites (RMAs) are not directly accountable to the people of Texas. No voter approval is required for their creation; no voter approval is required for the selection of their board members or staff; no voter approval is required for the selection and funding of their toll projects; nor is voter approval required for conversion, as it is called in transportation planners language.”
I've done a fair amount of research on this subject, and the answer is yes. The confusion I've seen here on FR occurs when people confuse "public ownership" with "public right to access for free or without other restriction."
To use an extreme example, your land can be condemned in order to build a nuclear power plant (which is a straight-up-and-down "public use"), but it can be operated for a profit by a private entity (subject to contractual conditions) and you cannot simply appear at the gate and demand access "because I'm a taxpayer."
It’ll never happen. All the retirees and dumbasses in this state who can’t understand the evening news, much less look beyond the tip of their nose to see what’s going on here love this bastard.
Between our legislature which is liberal 75% of the time, our county boards and this jackass the state of Texas is going to change a lot over the next 10 years.
The entirety of the leadership at nearly every level of government is liberal. All the conservatives in this state have real jobs and would be a helluvalot better off without anyone dictating new rules and regulations.
We take care of our own and don’t put up with any BS... unless of course it’s coming from the government for some reason.
One also has to wonder if Perrys veto is simply payback to legislators who overturned his executive order on mandatory cervical cancer vaccines and spurned other Perry agenda items. If so, its just one more black mark for his less-than-inspiring governorship.
Chris Greene deserves a raise.
I guess someone paid Governor Perry a visit, and made him an offer he couldn't refuse.
Couldn't agree more.
yes, perry did.
Check out the link in post #1. The guy who wrote it should be writing something more challenging than sports.
Thanks for the ping!
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