Road needs can't trample Constitution
TODD STAPLES TEXAS AGRICULTURE COMMISSIONER

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.