A Resolution Demanding Reform of Eminent Domain Law in Texas to Protect Private Property Rights and Ensure Public Necessity
NOW, THEREFORE, BE IT RESOLVED, that we, the Red River County Executive Committee, call upon the State of Texas Legislature and all relevant state agencies to implement the following measures:
Definitions. For the purpose of this resolution:
“Public necessity” shall mean a project that is essential to address an immediate and critical need for public infrastructure or services that directly benefit the general population and cannot reasonably be provided through any alternative means.
Eminent Domain Reform. The Texas Legislature shall introduce legislation to:
Replace all references to “public use” within the Texas Constitution and relevant statutes with “public necessity”;
Reform eminent domain statutes to strengthen protections for property owners by clearly defining “public necessity” to exclude private development and speculative projects;
Prohibit the use of eminent domain for any project primarily driven by economic development purposes, speculative population or tax growth, real estate or commercial development, and public-private partnerships that provide private economic return;
Prohibit the delegation of eminent domain authority to private companies, non-elected boards, or entities that stand to profit from the land acquisition;
Require rigorous public necessity findings before any eminent domain power is exercised within the location impacted or any downstream and surrounding areas, including economic, environmental, and community impact assessments;
Require any entity exercising eminent domain to prove immediate public necessity through a third - party independent review board, demonstrate that no less intrusive ways exist, and show that the project benefits the local population where the taking occurs;
Mandate transparent, participatory planning processes for all proposed projects involving eminent domain, including public hearings and meaningful local stakeholder engagement;
Mandate a public referendum in the county or counties in the location impacted for any eminent domain project exceeding 100 acres or affecting more than 10 property owners;
Ensure fair, timely, and full compensation of no less than 200% of fair market value to property owners, accounting for long - term land value, relocation costs, damages, and emotional and cultural loss of agricultural, residential, and environmentally sensitive land;
Create legal safeguards and independent oversight mechanisms to review eminent domain cases and provide property owners with accessible avenues for appeal and redress;
Establish a right of reversion whereby if land acquired through eminent domain is not used for its original stated purpose within 10 years, it must be offered back to the original owner at their original compensation rate plus inflation;
Protection of Agricultural and Natural Lands. Special Protections shall be created for:
Prime farmlands, timberlands, watersheds, bottomland hardwood forests, and multi – generational ranches and homesteads;
The impacted lands may only be condemned by eminent domain upon an absolute showing of unavoidable, immediate public necessity and upon a supermajority vote of two-thirds.
BE IT FINALLY RESOLVED, that this resolution shall take effect immediately upon its adoption, and all state branches and agencies are henceforth demanded to implement these provisions, reflecting and reaffirming the guaranteed rights contained within the United States Constitution and Texas Constitution.
A RESOLUTION DEMANDING TEXAS LEGISLATORS ENFORCE EXISTING LAWS TO SECURE THE ELECTRICAL GRID FROM FOREIGN ADVERSARIES
NOW, THEREFORE, BE IT RESOLVED
That the Texas Legislature and all state agencies be held accountable for failing to fully enforce the Lone Star Infrastructure Protection Act and the Governor’s Executive Orders regarding the protection of the Texas electric grid.
That the Legislature immediately conduct oversight hearings to determine whether prohibited foreign-controlled technologies and components remain in use in Texas’ electric grid or in any associated communications, cybersecurity, or operational systems.
That the Legislature require public reporting and certification of compliance from all utilities, contractors, and state agencies regarding existing prohibitions on foreign - controlled companies, components, and technologies.
That no new legislation shall be used as an excuse to delay or distract from enforcement of the laws already in effect since June 2021.
That the people of Texas demand transparent accountability and will hold legislators responsible for failures to secure the electrical grid against foreign adversary influence or control.
BE IT FINALLY RESOLVED, that the Red River County Executive Committee hereby adopts this resolution and calls upon all Texas legislators, agencies, and officials to immediately enforce the protections already established under Texas law and executive order to secure the Texas electric grid from foreign adversaries.