Majority believes eminent domain should not be given to private companies without more oversight

The Record’s online poll from June 28- July 12 asked readers whether they think the Texas Constitution should allow for delegation of the power of eminent domain to a private company without more landowner and taxpayer oversight.

Judge Lora Livingston with the 261st State District Court dismissed a lawsuit on June 25 against the Permian Highway Pipeline Project, which will pass through Hays County.

The pipeline, a Kinder Morgan Texas Pipeline investment, will transport natural gas approximately 430 miles from Waha, Texas to the Katy area. The nonprofit advocacy group Texas Real Estate Advocacy and Defense Coalition (TREAD) funded the lawsuit against the project and was joined by the City of Kyle, Hays County and a coalition of landowners.

The coalition filed suit against Kinder Morgan, the Permian Highway Pipeline and the Texas Railroad Commission, which is involved in the approval and oversight of the project.

The suit sought to stop the exercise of private eminent domain against unwilling landowners and requested the Railroad Commission “adopt administrative rules, policies, and practices that provide objective, enforceable standards for the exercise of eminent domain authority.”

Those advocating for the pipeline say the process established in Texas for the development of natural gas utility projects with oversight by the Texas Railroad Commission works as it should. Those against the pipeline say the Texas Constitution does not allow for the delegation of the power of eminent domain to a private company without more oversight.

The poll asking, “Do you think the Texas Constitution should allow for delegation of the power of eminent domain to a private company without more landowner and taxpayer oversight?” received a total of 127 votes, with the majority of votes — 87 percent or 111 votes — going to option “No, taxpayers and landowners should have more say when companies are delegated the power of eminent domain.” Thirteen percent of voters chose, “Yes, companies delegated the power of eminent domain provide infrastructure the state depends on.”

A vast majority of poll voters think the Texas Constitution should not allow for delegation of the power of eminent domain to a private company without more landowner and taxpayer oversight.

Every week, the Record gives its readers the opportunity to voice their opinions on different topics. This poll does not, and does not purport to accurately depict public opinion. It is only intended to inspire thought-provoking discussion within the community.

SMDR’s new poll is available online now and asks for readers’ opinions on whether they think Hays County should continue to accept marijuana cases in the wake of House Bill 1325. It can be voted on now.