Athens Review, Athens, Texas

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October 30, 2009

The Amendments vote

Among items are those dealing with eminent domain, homestead taxation

By Rich Flowers News Editor

Texas voters consider a slate of amendments to the state constitution Tuesday proposed in the 81st session of the legislature last Spring.

Henderson County voters will join the rest of the state deciding questions dealing with subjects like eminent domain and property tax.

District 4 State Representative Betty Brown and District 3 State Senator Robert Nichols have each stressed the importance of participating in the process by which changes are made to the 134 year-old document.

Proposition 11 concerns eminent domain, the taking of private property for public use. The proposed amendment would prohibit the taking of private property for transfer to a private entity for the purpose of economic development, or to increase tax revenues.

“I think it’s worded pretty well,” Brown said. “(But only) If the voters don’t think its going to fix everything, and see it as one step in the process.”

Nichols favors the amendment, hoping it will solidify some of the changes to eminent domain law made in the legislature.

“The need for such protection became clear in 2005 when the U.S. Supreme Court ruled in favor of New London in the case of Kelo vs. New London,” Nichols said.

Kelo was a Connecticut homeowner who fought to keep her property when the city sought to use its power of eminent domain to take it for economic development purposed.

The Supreme Court ruled in favor of the city. In a 5–4 decision that the general benefits a community enjoyed from economic growth qualified such redevelopment plans as a permissible "public use."

Another noteworthy amendment is Proposition 2, which would amend the constitution to provide for taxation of a residence homestead, solely on the basis of that property as a residence homestead, regardless of whether the property would have a higher value, if used for other purposes. The bill grew out of public hearings conducted at several locations in the state in 2008.

The Texas Legislative Council reports that proponents of the amendment said such restrictions already exist for “agricultural” and “open space land.”

Opponents of the proposal said the change could reduce local tax revenues for schools.

The 2007 Constitutional Amendment drew only about 5 percent of the county’s registered voters. County vote largely mirrored the statewide results, with a total of 2,346 cast.

Henderson County voters can cast ballots from 7 a.m. to 7 p.m. Tuesday.

The following is a list of polling places followed by the precincts voting there.

• Seven Points City Hall; State Highway 334 at Wood Street, Precinct 1A.

• Malakoff City Hall 1009 S. Melton Street; 1M, 1MN, 1S and 1CR.

• Oran White Civic Center Hwy 274, Tool; 1TC, 1T.

• Eustace School, 318 Hwy 316; 2E.

• Brawner Hall, behind City Hall, Gun Barrel City; 2GBN

• St. Peter Lutheran Church; 101 Luther Lane, Gun Barrel City; 2GBS.

• Payne Springs Community Center, 9692 Hwy 198, Payne Springs; 2PS.

• Henderson County Justice Center, 216 N. Murchison Street, Athens; 3, 3N.

• Brownsboro Community Center, 11351 Willow Street, Brownsboro; 3B, 3M.

• Chandler Community Center; 811 Hwy 31E, Chandler; 3C,3WS.

• Cain Center, 915 S. Palestine Street Athens; 4, 4LA, 4SE,HS,4A,2.

• Coffee City City Hall; 7019 Pleasant Ridge Road, Coffee City; 4CC, 4BV.

• Poynor City Hall, 15728 U.S. Highway 175, Poynor; 4P,4NY,4F,4LR,4MS.

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