Private Property in Texas

Private property rights probably won’t make the news as a hot presidential election issue, but just wait ‘til the Texas governor’s race heats up.
In 2005, our Supreme Court took a pot shot at redefining eminent domain with the help of Kelo v. the City of New London.
Some folks claim that eminent domain is the friend of progress. Good point. We have roads, sewers, utility right-of-ways, you name it, all because of eminent domain.
Howev er, it is important to keep in mind that eminent domain is also the enemy of private property.
Kelo made it clear that the Supreme Court would tolerate redefining eminent domain to include allowing local governments to force private citizens to sell their land, in order to re-sell it to private businessmen who could develop the property. The idea is that the community will benefit with more tax revenue.
Make no mistake; this is a brand new reason for local governments to use eminent domain.
Given the current push coming out of Austin for a trans-Texas highway, don’t look for our state government to be too eager to limit the use of eminent domain.
If you are not generating enough tax dollars on your private property, folks, you have reason to be shaking in your cowboy boots.
Exactly which Amendment to the US Constitution defines eminent domain?
If you guessed Amendment #5, you are close.
“No person shall… be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.”
But, it turns out that we can thank the Brits, not the Bill of Rights, for eminent domain.
It comes to us out of English common law. It kinda makes sense in the context of English lords taking their opportunity to restrict the power of the English monarch, putting him under rather than above the law, as in the Magna Carta, signed in 1215.
When you add the context of the War of Independence and you read the words of the patriots in Amendment #5, you get the idea that they were looking for ways to restrict, not enable, governments, too.
Their commitment was to have citizen leaders provide guidance for self-government; apparently they intended for leaders, who would face the accountability of elections, to make decisions that reflected the concerns of local folks.
Personally, I like it best when the City Council or the County Commissioners are making these eminent domain decisions, because I can call ‘em up and chew ‘em out if I think they goofed. Me and a few thousand other citizens.
Local leaders have phone numbers in the local phone book. That’s what I call accountability.
Yep, folks, the issue of eminent domain is back to bite us, right here in Texas.
Our state government is currently staking out the right-of-way for a super-highway right across the farms and ranches of unhappy Texans.
And get this; it’s going to be a toll way. Somebody stands to make the big bucks and you can bet it’s not the farmers.
Of course, on this issue and so many others, I always rejoice when I see my friends in the newspaper business, local reporters, doing their job by asking tough questions.
As well as the Fifth Amendment, this might be a good time to reference Alexis de Tocqueville, the French guy who wrote Democracy in America and is famous for the concept of Tyranny of the Majority.
“When I see that the right and means of absolute command are conferred on any power whatever, be it called a people or a king, an aristocracy or a democracy, a monarchy or a republic, I say there is the germ of tyranny….”
Just a thought.

Cathy Primer Krafve, aka Checklist Charlie, welcomes comments, particularly different viewpoints, at cathykrafve@gmail.com or http://checklistcharlie.blogspot.com.