Texas legislators have introduced a pair of bills aimed at reforming the state’s eminent domain laws. According to Rep. DeWayne Burns, one of the sponsors of the House version of the reform, “HB 991 will ensure Texas property owners are respected partners in building our critical infrastructure while preserving our strong tradition of property rights.” Sadly, Burns and other supporters of these bills are very much mistaken.
The right to property means the freedom to create, attain, use, keep, trade, and dispose of material values. It pertains to freedom of action in regard to “stuff.” The proposed bills do nothing to protect this precious freedom.
Sen. Lois Kolkhurst, who filed the Senate version, said, “I have filed SB 421 to see that the eminent domain process used by private entities is fair, transparent and that those entities are held accountable when they take private land.” Kolkhurst didn’t explain how transparency and accountability will protect property rights.
In truth, so long as private entities can take private land, property rights are not protected. If an entity–any entity–can seize private property, then the owner cannot trade or dispose of his property as he chooses. He is forced to “sell,” regardless of his own choices or desires. And the proposed “reforms” do nothing to change this.
Requiring more transparency in the process doesn’t change the fact that eminent domain is invoked when an owner won’t voluntarily sell. Demanding more accountability in the process doesn’t change the fact that if an owner is forced to sell his land, his right to property has been violated.
If legislators truly want to protect property rights, they would begin by removing the authority of private entities to use eminent domain. Until they do that, any attempts at reform are nothing more than rearranging deck chairs on the Titanic.