Social Movements & Civil Participation
Texas House Aims to Protect Homeowners
By Scott O. Shaffer
Jul 13, 2005, 15:27

Homeowners in Texas are closer to being protected from the state taking their homestead for economic development and leaving them homeless.

The House of Representatives adopted HJR 19 and an amendment authored by State Representative Harold Dutton, D-Houston, Tuesday that would require the state or other political subdivision to pay a homeowner whose property is taken pursuant to HJR 19 either fair market value or replacement cost, whichever is higher.

HJR, also known as the Private Property Protection Act, proposes an amendment to the state constitution that would prohibit the state or a political subdivision from taking private property for the primary purpose of economic development or to benefit a particular class of identifiable individuals. The bill was co-authored by State Representative Frank Corte, Jr., R-San Antonio, who is leading the effort in the House to put the measure before the voters on November 8, 2005.

Dutton pointed out during House debate on Tuesday that homeowners living in urban renewal areas often own homes whose “fair market value” is less than what it takes for them to replace their homes. The state takes their homes, pays them less that it takes to buy a new home and effectively leaves them homeless.

“This just doesn’t seem right to me,” said Dutton during the House debate.

Efforts to defeat Dutton’s amendment were based largely on lawmaker’s opposition to making the amendment part of the state constitution. Dutton and others were able to convince House members that homesteads have historically been treated as uniquely important in Texas and that the amendment belonged in the constitution where it would enjoy its greatest protection.

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