The fine folks at Empower Texans have done the leg work analyzing the propositions for the upcoming November 3rd Texas Constitutional vote. Below are their recommendations.
Source: Empower Texans
We encourage all Texans to participate in the constitutional election of November 3. There are a great many resources you can utilize in learning more about the amendments being proposed, including organizations such as the Free Market Foundation and the Texas Assocation of Business.
What follows are our recommendations.
Propositions to Support
Stopping Eminent Domain Abuse
Proposition 11 – Vote Yes!
“The constitutional amendment to prohibit the taking, damaging, or destroying of private property for public use unless the action is for the ownership, use, and enjoyment of the property by the State, a political subdivision of the State, the public at large, or entities granted the power of eminent domain under law or for the elimination of urban blight on a particular parcel of property, but not for certain economic development or enhancement of tax revenue purposes, and to limit the legislature’s authority to grant the power of eminent domain to an entity.”
Why it’s good: The U.S. Supreme Court’s Kelo v New London decision allowed local governmental entities to take private property for the purpose of economic development, unless the states’ constitutions contain a provision to the contrary. This amendment would add restrictions on the use of eminent domain in Texas, and prohibit legislators from weakening the restrictions without voter approval. Further, it would add important protections against eminent domain abuse by specifically stating the legitimate purposes for eminent domain. Finally, governmental entities taking land through eminent domain would required to use it for a definable public purpose.
Reforming Property Taxes
Proposition 2 – Vote Yes!
“The constitutional amendment authorizing the legislature to provide for the ad valorem taxation of a residence homestead solely on the basis of the property’s value as a residence homestead.”
Why it’s good When appraisal districts determines the value of property for tax purposes, the district can right now base it on what the property would be worth if it were used for a more valuable purpose. Therefore, many homeowners have seen appraisals rise substantially, not because the value of the homes increased, but because the land was deemed more valuable as a different use. Texas already prohibits agricultural land and timber land from being appraised based on other possible uses, but no similar protection exists for homeowners. (Video link) Read the rest of this entry »