As the end of the session approached, there were two pieces of eminent domain legislation that had a chance of getting through—SB 18 and HJR 14.
SB 18 WITH SEVERAL EMINENT DOMAIN PROTECTIONS DIED
SB 18 was the bill desired by organizations like the Texas Farm Bureau. It called for more transparency in the condemnation process, compensation for diminished access, and the right for the owner to buy back property at its selling price if it was not used for the stated purpose within a certain time period.
SB 18 passed the Senate, passed out of committee to the full House, and was caught in the last-minute logjam caused by the delaying tactics on the House floor to avoid bringing up the voter ID bill.
HJR 14 CONSTITUTIONAL AMENDMENT TO PROHIBIT PRIVATE-TO-PRIVATE PROPERTY TAKINGS WILL BE ON THE BALLOT
Even though SB 18 died, HJR 14 calling for a constitutional amendment passed the House and the Senate and will appear on the November ballot. If approved by voters, it would prevent in Texas the situation that happened in the Kelo case, where the U.S. Supreme Court upheld the process of taking property from one private owner and giving it to another private owner. HJR limits the taking of private property to a public taking.
GROUPS CALL FOR EMINENT DOMAIN TO BE IN SPECIAL SESSION
Some, including Agriculture Commissioner Todd Staples, Texas and Southwestern Cattle Raisers, and the Texas Farm Bureau, are calling for stronger eminent domain protections to be addressed in a special session. Farm Bureau President Kenneth Dierschke said, “We have to guard against the possibility that some may declare the job done on eminent domain reform. If there is a special session, we hope Governor Perry will add it to the call. If there is not, this has to be a top priority for the next regular session.”
PERRY ALAMO SIGNING A SHAM
There have been several news accounts of Gov. 39% signing the authorization in front of the Alamo for HJR 14 to be on the ballot this November. The only account I saw that explains that the whole ceremony was a sham is from Ken Herman in the Statesman.
http://www.statesman.com/opinion/content/editorial/stories/2009/06/06/16/0616herman_edit.html
“Who amongst us does not enjoy political theater? . . . The only thing better than political theater is the subcategory of political theater/fiction. This would be when a politician performs in a little show that is fully make-believe. . . .
“A real trouper, Gov. Rick Perry showed up at the Alamo, right arm in sling from a recent bike wreck, and used his left hand to sign House Joint Resolution 14, a proposed constitutional amendment concerning eminent domain. . . .
“Beautiful. Perfect. Inspiring. And as phony as they come.
“Here's why: Texas governors have nothing to do with proposed constitutional amendments. When a proposed amendment gets the necessary two-thirds vote in each chamber — as HJR 14 did this year — it goes to the secretary of state, who puts it on the statewide ballot. Unlike proposed laws, proposed constitutional amendments are not routed through the governor's office.
“No vetoes allowed. No signature required. No signing ceremony needed. . . . It's all about re-establishing Perry as a private property-rights kind of guy, a credential he covets as he heads toward a 2010 renomination battle against Sen. Kay Bailey Hutchison. . . .
“Exactly two years ago Monday, Perry invited questions about his dedication to private property rights by vetoing a bill dealing with the concept of ‘diminished access.’ . . . the veto did not sit well with some, including the Texas Farm Bureau, holder of a potentially pivotal endorsement in the 2010 GOP gubernatorial primary.
“The 2007 veto came on the heels of Perry's ill-fated Trans-Texas Corridor highway project, one that also attracted the ire of folks who fear government taking of private property.
“Sen. Jeff Wentworth, R-San Antonio, stood with Perry on Monday. After the ‘signing’ ceremony, the 21-year legislative veteran could not immediately recall previously attending a ceremony where a governor signed something a governor has no business signing.”
Since there is no provision for such a signing, I wonder what Perry actually signed. Did his office make up an official-looking document that would be a fake with no significance? Then what happened to the signed fake document? Maybe it will become a collector’s item.
Showing posts with label SB 18. Show all posts
Showing posts with label SB 18. Show all posts
Tuesday, June 16, 2009
Wednesday, May 27, 2009
Has time run out for eminent domain protection and veto override?
Last night, time may have run out on two important bills.
First, the Statesman’s Jason Embry reports on eminent domain legislation. SB 18 was passed by the Senate and was before the House when it shut down at midnight with many bills left on the calendar.
http://www.statesman.com/blogs/content/shared-gen/blogs/austin/firstreading/entries/2009/05/27/can_this_session_be_saved.html
Embry says, “Many thought the chubbing might ease up enough Tuesday for some big non-voter ID bills to pass, such as the bill authorizing the state to get federal stimulus dollars for unemployment insurance and the eminent-domain legislation. But Rep. Richard Raymond, D-Laredo, had other ideas, launching his own talk-a-thon that ate up most of the day . . .
“So there are six days left in the session and some major Senate bills are (at best) in serious jeopardy because they did not pass the House: . . . eminent domain . . . If any of this is going to be salvaged, there is going to have to be major triage in the Senate . . . "
Let’s hope some “major triage” can save SB 18--stronger protection against eminent domain for landowners.
The second good bill in danger is HJR 29 that would allow the Legislature to come back after the regular session to override a governor’s veto. As reported by Christy Hoppe, Dallas Morning News, Sen. Jeff Wentworth says that Gov. Perry and Lt. Gov. Dewhurst “are conspiring to kill” this constitutional amendment.
http://www.dallasnews.com/sharedcontent/dws/news/texassouthwest/legislature/stories/DN-vetofight_27tex.ART.State.Edition1.511dd6a.html
From Hoppe’s article: “Sen. Jeff Wentworth, speaking with unusual candor against powerhouses in the Capitol, said Dewhurst betrayed a trust as the Senate's presiding officer to deal fairly and address bills that have the support of two-thirds of the 31-member Senate. Wentworth, R-San Antonio, said he had collected the signatures of 26 Senate supporters for the constitutional proposal, but Dewhurst told him that at the behest of the governor, he would not call up the bill for debate."
Wentworth said, "[Dewhurst] made a deal with the governor and gave his word he'd kill the bill. He told me that the governor has talked to him 20 times about it." The veto override passed the House easily and has been sitting in the Senate since May 15—more than enough time for it to be debated and passed by the 26 Senators that have signed up for it.
To allow Texans to vote on this amendment is overwhelmingly favored by their representatives in the House and the Senate. It is being killed by Perry and Dewhurst. What does this tell us about the need for this amendment?
First, the Statesman’s Jason Embry reports on eminent domain legislation. SB 18 was passed by the Senate and was before the House when it shut down at midnight with many bills left on the calendar.
http://www.statesman.com/blogs/content/shared-gen/blogs/austin/firstreading/entries/2009/05/27/can_this_session_be_saved.html
Embry says, “Many thought the chubbing might ease up enough Tuesday for some big non-voter ID bills to pass, such as the bill authorizing the state to get federal stimulus dollars for unemployment insurance and the eminent-domain legislation. But Rep. Richard Raymond, D-Laredo, had other ideas, launching his own talk-a-thon that ate up most of the day . . .
“So there are six days left in the session and some major Senate bills are (at best) in serious jeopardy because they did not pass the House: . . . eminent domain . . . If any of this is going to be salvaged, there is going to have to be major triage in the Senate . . . "
Let’s hope some “major triage” can save SB 18--stronger protection against eminent domain for landowners.
The second good bill in danger is HJR 29 that would allow the Legislature to come back after the regular session to override a governor’s veto. As reported by Christy Hoppe, Dallas Morning News, Sen. Jeff Wentworth says that Gov. Perry and Lt. Gov. Dewhurst “are conspiring to kill” this constitutional amendment.
http://www.dallasnews.com/sharedcontent/dws/news/texassouthwest/legislature/stories/DN-vetofight_27tex.ART.State.Edition1.511dd6a.html
From Hoppe’s article: “Sen. Jeff Wentworth, speaking with unusual candor against powerhouses in the Capitol, said Dewhurst betrayed a trust as the Senate's presiding officer to deal fairly and address bills that have the support of two-thirds of the 31-member Senate. Wentworth, R-San Antonio, said he had collected the signatures of 26 Senate supporters for the constitutional proposal, but Dewhurst told him that at the behest of the governor, he would not call up the bill for debate."
Wentworth said, "[Dewhurst] made a deal with the governor and gave his word he'd kill the bill. He told me that the governor has talked to him 20 times about it." The veto override passed the House easily and has been sitting in the Senate since May 15—more than enough time for it to be debated and passed by the 26 Senators that have signed up for it.
To allow Texans to vote on this amendment is overwhelmingly favored by their representatives in the House and the Senate. It is being killed by Perry and Dewhurst. What does this tell us about the need for this amendment?
Thursday, April 30, 2009
Help Farm Bureau to push for SB 18 eminent domain protection
The Texas Farm Bureau has sent out an action alert to help SB 18, and I have forwarded it to the ACRE group.
Please call or email now to support SB 18 for better eminent domain protection! We can make a difference if enough of us contact our Senators!
The Texas Farm Bureau is asking people to ask their State Senator to support SB 18, which is a good eminent domain bill. It is expected to be voted on by the whole Senate this week. The Senator of many of us is Steve Ogden, who is not a coauthor of this bill. His Capitol office phone is 512-463-0105. Or send an email from his home page on the Senate Website:
Visit Home Page on Texas Senate Website
Or click on "Take Action!" in the message below to respond through the Texas Farm Bureau's website.
Here are some neighboring Senators:
Sen. Hegar, who represents Bastrop County, is a coauthor of the bill, so please thank him for this.
Sen. Kirk Watson of Travis County is not a coauthor.
Sen. Troy Fraser, who represents Bell County, is not a coauthor.
You can see how to contact them by going to the Legislature Online. http://www.legis.state.tx.us/Home.aspx
From the Farm Bureau:
Date: Thu, 30 Apr 2009 12:42:20 -0400
Please Contact Your State Senator in Support of SB 18-Eminent Domain Reform
Eminent Domain Reform to be voted on in Texas Senate
Take Action!
Contact Your Senator to Support SB 18 by Senator Craig Estes
Senate Bill 18 will be voted on by the Texas Senate this week. Senate Bill 18 is a strong eminent domain reform bill that protects property owners.
It ensures property owners receive a good faith offer before their property is condemned, and it provides property owners with fair compensation, including diminshed access.
Please contact your Senator and let them know you need their support for this historic property rights legislation.
Please call or email now to support SB 18 for better eminent domain protection! We can make a difference if enough of us contact our Senators!
The Texas Farm Bureau is asking people to ask their State Senator to support SB 18, which is a good eminent domain bill. It is expected to be voted on by the whole Senate this week. The Senator of many of us is Steve Ogden, who is not a coauthor of this bill. His Capitol office phone is 512-463-0105. Or send an email from his home page on the Senate Website:
Visit Home Page on Texas Senate Website
Or click on "Take Action!" in the message below to respond through the Texas Farm Bureau's website.
Here are some neighboring Senators:
Sen. Hegar, who represents Bastrop County, is a coauthor of the bill, so please thank him for this.
Sen. Kirk Watson of Travis County is not a coauthor.
Sen. Troy Fraser, who represents Bell County, is not a coauthor.
You can see how to contact them by going to the Legislature Online. http://www.legis.state.tx.us/Home.aspx
From the Farm Bureau:
Date: Thu, 30 Apr 2009 12:42:20 -0400
Please Contact Your State Senator in Support of SB 18-Eminent Domain Reform
Eminent Domain Reform to be voted on in Texas Senate
Take Action!
Contact Your Senator to Support SB 18 by Senator Craig Estes
Senate Bill 18 will be voted on by the Texas Senate this week. Senate Bill 18 is a strong eminent domain reform bill that protects property owners.
It ensures property owners receive a good faith offer before their property is condemned, and it provides property owners with fair compensation, including diminshed access.
Please contact your Senator and let them know you need their support for this historic property rights legislation.
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