A growing number of Texas legislators and interest groups are making eminent domain reform a priority in this legislative session. Unfortunately, the policies that they are supporting are nothing more than window dressing and will do nothing to actually protect property rights.
The bills introduced so far are aimed at creating more transparency, accountability, and fairness in the eminent domain process. While this sounds good–no rational person would be opposed to more transparency, accountability, and fairness–it does nothing to protect property rights. It isn’t reform in any meaningful sense.
Eminent domain forces a property owner to “sell” his land regardless of his own desires. He is denied the freedom to trade and dispose of his property as he deems best. Making the process more transparent, accountable, or fair doesn’t change the fact that he is forced to “sell.” And a forced sale can never be fair, no matter how transparent the process is.
True reform would protect the freedom of property owners to refrain from selling their property. True reform would protect the freedom of owners to retain their property if that is their desire. True reform would remove the authority for private companies to use eminent domain, no matter the alleged “public good” that will result.
And the “public good” is the crux of the matter. Seizing private property is “justified” when the “public good” will supposedly result. This is true whether the use of eminent domain pertains to pipelines, high-speed rail, or a border wall. In each instance, and countless others, seizing private property is “justified” because some allegedly greater good will be served.
True eminent domain reform would protect the freedom of property owners to trade and dispose of their land as they choose, not as the guardians of the “public interest” dictate. Until legislators are willing to place the rights of property owners above the “public interest,” true eminent domain reform will remain a mirage.