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Voting Day: Your Two Cents on Property Rights, Property Taxes

Get thee to the polls today! It’s voting day and there are 11 proposed amendments to the Texas Constitution, including five that will affect our property rights, the property taxing authority, and who controls our dirt. Here you go, with my humble suggestions on how I will vote. Let me know quick if you disagree!

Yes to Proposition 2, property rights, to amend the constitution to authorize the legislature to provide for the taxation of a residence homestead solely on the basis of the property’s value as a residence homestead, regardless of whether the property may have a higher value if it were used for other purposes. Texas homeowners have seen their appraisals rise substantially, not necessarily because the value of their homes increased, but because the land was considered more valuable as a potential business site. Texas already prohibits agricultural land and timber land from being appraised based on other possible uses, but no similar protection exists for homeowners. This is key to homeowners to keep their property from being taxed at a higher rate in some urban areas where the land might be more valuable as a shopping mall or other enterprise.

Yes to Proposition 3, to amend the constitution, require the legislature to provide for the administration and enforcement of uniform standards and procedures for appraisal of property for ad valorem tax purposes. Some argue this opens the door further for state involvement in local property taxation, but it appears this proposed amendment would make sure that properties in different counties are appraised according to the same uniform statewide standards. It would allow appraisal standards to be enforced by direct action against appraisal districts, rather than relying on penalties against school districts. Since state funding to school districts is partially based on local property value, it’s unfair to allow values to be determined differently in different counties.

Yes to Proposition 5, to amend the constitution to authorize the legislature to allow for a single appraisal review board for two or more adjoining appraisal entities that elect to provide for consolidated reviews of tax appraisals.
This is sheer efficiency, helping folks in rural counties who can’t find qualified candidates to sit on their appraisal review boards. Proposition 5 would let counties join together to form consolidated appraisal review boards.

If you like your beach-front property, No to Proposition 9, which would define what is a state-owned public beach and may limit ownership of beach-front property. The public, individually and collectively, would have an unrestricted right to use and a right of ingress to and egress from a public beach, and the amendment would authorize the legislature to enact laws to protect these rights. Our coasts will end up like Scotland, where people can walk all over another person’s property. The Open Beaches Act gives the state too much power to restrict the right of private landowners to enjoy their property. Placing this authority in the Constitution would only worsen this problem by making the law more difficult to change in the future. Under the Open Beaches Act, the state has forced homeowners to move or remove their houses after hurricanes and other changes to the coastline. The law should be weakened, not placed in the Constitution. No, no, no!

Yes to Proposition 11, to limit eminent domain. Eleven would amend the constitution to provide that the taking of private property for public use, erstwhile known as “eminent domain”,  is authorized only if it is for the ownership, use, and enjoyment of the property by the State, its political subdivisions, the public at large, or by entities granted the power of eminent domain, or for the removal of urban blight. The 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. (Yes, this happens.) The amendment would also limit the legislature’s authority to grant the power of eminent domain in the future unless it is approved by a two-thirds vote of all the members elected to each house.
Proposition 11 would help curb abuses of the power of eminent domain by stating the legitimate purposes for eminent domain in the Constitution. Passage of this amendment also sends a strong message from the Legislature and voters that eminent domain must be used for very limited purposes, only when it is really needed.

No go vote!