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Texas Constitution:Article I, Section 17: Difference between revisions
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Texas Constitution:Article I, Section 17 (view source)
Revision as of 11:05, July 22, 2023
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It has been amended once. The 2009 amendment established specific limitations on the taking of private property for public use, excluded certain purposes from the definition of public use, and increased the legislative vote needed to delegate eminent domain authority to non-governmental entities. | It has been amended once. The 2009 amendment established specific limitations on the taking of private property for public use, excluded certain purposes from the definition of public use, and increased the legislative vote needed to delegate eminent domain authority to non-governmental entities. | ||
Over the years, the section has been heavily litigated at each level of the judiciary. And, not surprisingly, a significant number of scholarly articles have been written regarding the state's takings jurisprudence. See, e.g., Chloe Stevens, ''Raising Constitutional Eyebrows on Private Takings and Due Course of Law: Where Do We Go from Here?'', 70 Baylor L. Rev. 666, [https://www.baylor.edu/law/review/doc.php/335429.pdf#page=19 684] (2018) (footnotes omitted) ("Traditionally, the Texas courts have applied rational basis review of a governmental regulation that results in a taking. These regulatory takings can happen in a variety of different ways: eminent domain, condemnation, inverse condemnation, and zoning ordinances."). | Over the years, the section has been heavily litigated at each level of the Texas judiciary. And, not surprisingly, a significant number of scholarly articles have been written regarding the state's takings jurisprudence. See, e.g., Chloe Stevens, ''Raising Constitutional Eyebrows on Private Takings and Due Course of Law: Where Do We Go from Here?'', 70 Baylor L. Rev. 666, [https://www.baylor.edu/law/review/doc.php/335429.pdf#page=19 684] (2018) (footnotes omitted) ("Traditionally, the Texas courts have applied rational basis review of a governmental regulation that results in a taking. These regulatory takings can happen in a variety of different ways: eminent domain, condemnation, inverse condemnation, and zoning ordinances."). | ||
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