With the Texas legislature in session, calls for reform of existing laws regarding property rights resound across the state. One of the primary targets is eminent domain.
While the state’s current eminent domain laws certainly violate property rights and work against land owners, reform is not the solution. Reform means “to put or change into an improved form or condition.” But how does one improve eminent domain?
The current reform movement claims that more transparency in the process will make eminent domain more fair and thus improve the process. But added transparency does not change the fact that owner will be forced to “sell” their property regardless of their own desires or judgment. Requiring those entities using eminent domain to hold public hearings and and submit specific paperwork won’t alter this.
The right to property means the freedom to create, attain, use, keep, trade, and dispose of material values. It means the freedom to accept or reject any offer to buy one’s property. But the use of eminent domain is completely counter to this freedom.
Anyone who wants to protect property rights will not call for reform of eminent domain. They will call for its repeal. Only when property owners are free to sell on terms that they voluntarily accept will property rights truly be protected.