Texas legislators have been struggling with eminent domain reform during this legislative session. While reform is needed, the bills that have been considered are founded on the same faulty premise as eminent domain. Two wrongs won’t protect property rights.
Eminent domain is founded on the premise that private property can be seized for a “public use.” In other words, the alleged benefit to the public justifies taking private property. The owner is forced to sell his property, regardless of his own desires.
In response, legislators want to force entities using eminent domain (primarily pipeline companies) to meet certain criteria. As an example, one bill proposed to force entities to pay 145 percent of the market value if they invoked eminent domain. The same approach is being applied to efforts to stop Texas Central from using eminent domain to build the bullet train.
Eminent domain is evil because it compels owners to involuntarily cede their property. But the solution isn’t more coercion. The solution is more freedom.
It is wrong to force property owners to sell. It is equally wrong for government to impose arbitrary criteria upon private companies. Legislators claim that they are trying to protect property rights. But two wrongs won’t protect property rights.