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Ballot order of November propositions set
July 29, 2009

Texans will decide on a constitutional amendment limiting the use of eminent domain and 10 other propositions when they go to the polls in November.

Written by Kelley Shannon, Austin American Statesman

Texans will decide on a constitutional amendment limiting the use of eminent domain and 10 other propositions when they go to the polls in November.

Secretary of State Hope Andrade held a drawing Tuesday to determine the ballot order for the propositions and to call attention to the upcoming election. The proposed amendments were

"I hope Texans will recognize the role they can play in our state's future and head to the polls this fall," Andrade said.

Constitutional amendment elections are held in years when statewide and national offices are not on the ballot and typically have low voter turnout. The election is Nov. 3.

One of the most notable proposals on the ballot would ban the government from taking private property and giving it to a private developer to boost the local tax base. It also would limit the Legislature's authority in granting such eminent domain power in the future. The measure will appear last on the ballot as Proposition 11.

Gov. Rick Perry supports the amendment.

Rep. Frank Corte Jr., a San Antonio Republican who backed the proposal, said that ballot order doesn't matter and that if voters are supportive of a proposed amendment, they will vote for it in overwhelming fashion.

"We are regulating the abilities of governmental entities to take land for economic development," Corte said, adding that legislators wanted to make sure the amendment didn't thwart eminent domain for legitimate public uses. "So I think we've really brought some good reform to the potential abuse of eminent domain."

A 2005 U.S. Supreme Court ruling gave governments the power to condemn property for redevelopment, but it also allowed states to limit the practice.

The first proposition on the ballot would authorize financing for municipalities and counties that want to acquire "buffer areas or open spaces" adjacent to military bases to prevent encroachment or to construct roads and utilities.

Another proposition would establish a national research university fund to promote the creation of more nationally recognized universities in the state.

Sen. Tommy Williams, R-The Woodlands, worked on legislation addressing property tax appraisals. He said the propositions would enact some of the biggest changes in decades, such as prohibiting residential property from being valued at commercial use value, allowing the consolidation of area appraisal boards and allowing the state to have oversight of the appraisal system.

Texas has lacked uniform appraisal standards.

"I think that's a source of a lot of frustration for people," Williams said.

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