Daily News Update, Feb. 26, 2008
Private Property Owners'
Bill of Rights
By Todd Staples, Texas Commissioner of Agriculture
It is a
good bet if something is mentioned twice–if repeated–it is most likely a
significant issue, especially when it is referenced twice in the United
States Constitution.
"No
person shall be…deprived of life, liberty, or property, without
due process of law; nor shall private property be taken for
public use, without just compensation."
-
Amendment V, U.S. Constitution
"No
State shall make or enforce any law which shall abridge the privileges
or immunities of citizens of the United States; nor shall any State
deprive any person of life, liberty, or property, without due
process of law…."
- Amendment
XIV, U.S. Constitution
The
right to own and use private property is one of the most important human
rights and the cornerstone for economic prosperity. That is why our
founders guaranteed it in the Constitution and listed property in the
same category and with the same prominence as life…and…liberty.
The
framers of our Constitution had the foresight to comprehend there are
times when private property is needed for public use, but they went to
great lengths to ensure the generations who followed would understand
the sanctity of the ownership and protection of private property.
It is
critical we never allow an entity or government the ability to trample
on this basic right to own what is below our feet. Just as we
intuitively defend and protect life and liberty, we must once again
prioritize the protection of private property ownership. Nowhere has the
need for this elevation been manifested more than in the transportation
policies of our great state.
To say
Texas is growing is an understatement. We picked up two seats in
Congress after the last census, and experts believe Texas will gain
three or four more with the 2010 count. More people mean more roads.
As we
build new highways, it is vital the needs, rights and priorities of
private property owners are at the front of the process, not at the end.
Our
policies must be guided by principles that say, "We the people of the
State of Texas do reaffirm our commitment to
life…and…liberty…and…property, and our policies and procedures will
elevate these principles to their rightful status."
In
recognition of this core ideology that has led us to prosperity, we hold
these truths to be self-evident:
-
Taking property from one private owner and giving it to another
private owner is wrong.
-
Taking private property for commercial purposes is wrong.
-
Failing to provide landowners proper access is wrong.
-
Failing to connect cities, towns and existing roadways to new routes
is wrong.
-
Not
using every effort to follow the footprint of existing roadways to
minimize the disruption of farm, ranch, timber and wildlife habitat
is wrong.
-
Fragmenting farms, ranches, timberland and wildlife habitat when it
could be avoided is wrong.
-
Circumventing the input of local citizens and officials is wrong.
-
Removing the responsibility to negotiate in good faith is wrong.
-
Removing the responsibility to make a bona fide attempt to purchase
property is wrong.
Texas
farmers and ranchers recognize the importance of an efficient
transportation system. They depend on it for their livelihood. But those
who work the land know the right to own property is mandatory for the
preservation of life and liberty.
After
all, the grand patriots who signed the Constitution were farmers too.
Todd Staples
Texas Agriculture Commissioner
Todd
Staples is Texas' eleventh Commissioner of Agriculture. He is a
former State Senator, State Representative and City Councilmember.
Commissioner Staples is from Palestine and is charting a course to bring
job creation to rural Texas, further the promotion of Texas products,
and help farmers and ranchers face tomorrow's challenges.
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