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After the recent Supreme Court Ruling (Kelo v. City of New London) which caused such a stir; Texas lawmakers jumped at the chance to safeguard Texas property owners and their rights.

The only problem is that they have jumped in two different directions. The Texas House members voted unanimously to amend the constitution. The Texas Senate was headed in the direction of limiting eminent domain by law.

The Texas Constitution has been amended nearly 400 times. Even recent amendments have been overturned by other amendments. So it is not surprising that the House jumped in that direction.

The Supreme Court ruling is not that expansive. As we described in the Upper Valley Living July issue; the decision was only in favor of whether the city had established a “public use” condition within the federal guidelines. This was opposed to “Give land from private party A and give it to private party B”.

The slimy gray area was not addressed. That being whether Pfizer was really getting this land for itself. The state had authorized this partnership long before the condemnation began.

The key here is that municipalities must make sure that they do not go through the process of establishing a de facto "public use" non-profit corporation without the property owners being notified and consulted.

The decision actually prodded state legislators to either amend the constitution of their state, since many states already have stricter guidelines than that of the federal government; or, to legislate stricter laws.

The Texas House and Senate need to get together on this one so that people can rest at ease.

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Editor, Upper Valley Beacon

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