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NEWS RELEASE Monday October 26, 2009 Subject: Letter to the Editor: Eminent Domain Authority in Comal County Texans are in the process now of considering approval of eleven more amendments to our Texas Constitution which already has 456 amendments! Proposition # 11 on the ballot for Tuesday, Nov 3, relates to the authority of governmental entities to invoke the power of eminent domain. This issue relates to a split decision in a United States Supreme Court opinion on June 23, 2005 (Kelo v. New London) which served to expand the definition of public use and public purpose to include private economic development. |
199 Main Plaza, New Braunfels, Texas 78130 Phone: 830-221-1100 Fax: 830-608-2026 |
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Residents of Comal County should know that their county commissioners court did not wait for possible subsequent action by our State Legislature to take a stand on this issue. On July 14, 2005, we passed Resolution 2005-09 which stated, in part, "whereas the Commissioners Court of Comal County hereby wishes to establish a proactive pronouncement of the will and intent of our Court to eschew the broad additive power provided by the U.S. Supreme Court to expand the application of eminent domain". We stated further that our commissioners court "hereby support(s) defining the County's use of eminent domain to be that so currently specified in Chaper 261 of the Texas Local Government Code". My comments are a statement of fact in this matter and are surely in no way intended to influence voters in their decision on Proposition # 11.
Jay Millikin, Comal County Commissioner, Pct # 2
CONTACT: Commissioner Jay Millikin
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