Published: September 30, 2008 02:55 pm         

State rep. candidates air views on property rights

Editor’s note: Each Monday the Daily Progress will publish a question-and-answer story featuring District 11 state representative hopefuls Chuck Hopson (Democrat incumbent) and Brian Walker (Republican challenger).



By Kelly Young

kyoung@jacksonvilleprogress.com

Where do you stand on the topic of property rights?



Walker: I am, and have always been, passionate about defending our individual property rights. I believe that ‘takings’ or the governmental act of purchasing our property should be applied minimally if at all, and should always bring ‘just compensation’ to the property owner as a part of the transaction. Furthermore, I think the government should never be allowed to take private property under the guise of governmental necessity and then turn around and convey that property to another private entity. I will fight to end this practice in the Texas Legislature just as I'll fight to make it harder for state and local governments to take your land altogether.



Hopson: I believe the right of property is a sacred fundamental right. I have authored legislation known as the Castle Doctrine that gives people the right to use deadly force to defend their property from intruders. I have authored a ‘Land Owner’s Bill of Rights’ to protect people from the government taking their land, which was unfortunately vetoed by the Governor because it threatened the financial interests of many influential lobbyists. Many of these same supporters will be supporting of my opponent.



How do you feel about eminent domain? Should the government have the right to condemn private property?



Hopson: Quite simply, I oppose eminent domain and have a proven track record in the legislature of sponsoring bills that protect citizens from the government coming in to take their land. My opponent will be supported by big financial interests that want to use eminent domain to build the Trans-Texas Corridor.



Walker: As mentioned above, I am absolutely opposed to governments having the ability to take your property and convey it to some big company to make a profit off of it, and I am against making it easier for the government to take your property altogether. My opponent – Chuck Hopson – voted for a bill last session that would have made it easier for school districts to take property from land owners by exempting them from doing an eminent domain feasibility study to prove they needed the land (80R: HB1387, Amendment 2, RV# 185 and 186). If a school district or any other government entity is going to take your property, they should be required to prove that they need your property. Chuck Hopson opposed that protection for homeowners and he was wrong. Unlike Hopson, I will work to protect homeowners by supporting legislation that makes it harder for the government to take your property.



Are there situations in which you believe eminent domain is justified?



Walker: Only when the governmental ‘taking’ is absolutely necessary and serves a governmental purpose that truly benefits the public, then the use of eminent domain laws are justified. Yes, in a perfect world, the government would never have to exercise their authority under eminent domain, however governmental ‘takings’ is something that has been a part of the American fabric since the beginning and will be in practice for generations to come. The important thing is, however, that we have lawmakers like myself who believe that governmental ‘takings’ should be exercised rarely, and only when absolutely necessary. If Chuck Hopson is re-elected, we will continue to have a state representative that has voted in Austin to make it easier even for quasi-governmental entities to take our property.



Hopson: The only time eminent domain can be justified is if the local property owners support its use and even then it should only be used if a compelling and essential public need is being met. An example of this is a landowner or group of landowners that are willing to allow the government to buy a portion of their land to put down sewer lines so the people in the area will have access to city water and sewage. This meets the test because the property owners support it and it provides a legitimate public service to the community.



What is your opinion of the Trans-Texas Corridor?



Hopson: The Trans-Texas Corridor is one of the largest land grabs by a government in history. It is an abusive use of government authority to steal land from its citizens. Allowing it to be controlled by a foreign government is absolutely appalling. I have voted against allowing it on every vote and have voted for a moratorium on starting this project. I will continue to fight this project in the legislature. My opponent, on the other hand, will be financially supported by the same interests who are promoting this project. This represents a clear conflict of interest.



Walker: I am absolutely opposed to the Trans-Texas Corridor. I could list the problems with the proposal but you probably wouldn’t have room to print it. The important thing for the voters to know about is that they have Brian Walker's promise that I will fight to prevent the TTC as it stands now from ever coming to fruition, and regardless of what my opponent will probably claim now that he knows the plan is much more un-popular than he originally anticipated, he hasn't authored one piece of legislation that opposes the creation of the Trans-Texas Corridor.



What are your plans to help protect the private property rights of landowners in HD 11?



Walker: I will support legislation that will require all government entities to prove that they absolutely need the property they are proposing to take, and I will fight like the dickens to end the abhorrent practice of governmental entities taking private property away from the good people of Texas and turning around and giving, selling or loaning that property to a private entity to make a profit. To watch videos about my views about property rights, taxes and my philosophy of government, please check out my long list of detailed videos at www.voteforwalker.com.



Hopson: I along with many of my colleagues, passed an eminent domain bill that would protect the property rights of Texas citizens. While this would have been a good step in the right direction, the ‘Land Owner’s Bill of Rights’ was unfortunately vetoed by the governor. It is my goal to ensure we will pass an amendment to our Texas constitution to ensure the rights of private property owners will be protected from future legislation. So, long as the citizens of HD 11 continue to honor me as your state representative, I pledge to do everything in my power to defend the rights of property owners, so that no government will try and take away our rights as Americans to own even the smallest piece of God’s great earth.

     

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