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2007 SESSION

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HJ 722 Constitutional amendment; prohibits taking of private property by eminent domain powers.

Introduced by: Johnny S. Joannou | all patrons    ...    notes | add to my profiles

SUMMARY AS INTRODUCED:

Constitutional amendment (first resolution); taking of private property for public uses.  Establishes limitations on takings of private property.  Private property may not be taken under the power of eminent domain unless it is (ii) taken for the ownership, possession, occupation, and enjoyment by the public at large, or by public agencies; (ii) to be used for the creation or functioning of a public utility or railroad company that possesses the power of eminent domain; or (iii) is blighted and the taking eliminates a direct threat to public health or safety caused by the property.  An increase in tax base, tax revenues, employment, or general economic health and welfare shall not constitute public uses.  Property shall not be taken for private commercial enterprise, for economic development, or for any other private use, except with the consent of the owner from whom the property is taken. Property shall not be taken from one owner and transferred to another, whether the transfer is by sale, lease, or otherwise.  Any taking of private property must be necessary to achieve the alleged public use.  The public interest must dominate the private gain, and any taking under the pretext of an alleged public use shall be impermissible.  Any taking for the purpose of conferring a private benefit on a particular private party is impermissible.  Whenever an attempt is made to take property for a use alleged to be public, the question of whether the contemplated use is truly public shall be a judicial question and determined without regard to any legislative assertion.  This resolution has been incorporated into HJR 723.


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