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- Subject Index: Since 1995
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2007 SESSION
HJ 723 Constitutional amendment; taking of private property for public uses (first reference).
Introduced by: Robert B. Bell | all patrons ... notes | add to my profiles
SUMMARY AS PASSED HOUSE: (all summaries)
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 (i) taken for the 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 service corporation or company, including but not limited to railroad companies that possesses the power of eminent domain; (iii) taken for public highways or other public transportation facilities; or (iv) 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. Prohibits taking property for private commercial enterprise, economic development, or any other private use, except with the consent of the owner from whom the property is taken. Any taking for the purpose of conferring a private benefit on a private party or identifiable individuals 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 incorporates HJRs 579, 714, 722 and 772.
FULL TEXT
- 01/10/07 House: Prefiled and ordered printed; offered 01/10/07 070108232 pdf
- 02/02/07 House: Committee substitute printed 075602232-H1 pdf
- 02/03/07 House: Substitute bill reprinted 075602232-H1 pdf
- 02/14/07 Senate: Committee substitute printed 075617232-S1 pdf
- 02/22/07 Senate: Floor substitute printed 072033782-S2 (Obenshain) pdf
- 02/22/07 Senate: Floor substitute printed 072034782-S3 (Obenshain) pdf
AMENDMENTS
HISTORY
- 01/10/07 House: Prefiled and ordered printed; offered 01/10/07 070108232
- 01/10/07 House: Referred to Committee on Privileges and Elections
- 01/25/07 House: Assigned P & E sub: #1 (Marshall, R.G.)
- 02/02/07 House: Reported from Privileges and Elections with substitute (22-Y 0-N)
- 02/02/07 House: Committee substitute printed 075602232-H1
- 02/03/07 House: Substitute bill reprinted 075602232-H1
- 02/05/07 House: Passed by for the day
- 02/06/07 House: Taken up
- 02/06/07 House: Committee substitute agreed to 075602232-H1
- 02/06/07 House: Engrossed by House - committee substitute HJ723H1
- 02/06/07 House: Agreed to by House (67-Y 30-N)
- 02/06/07 House: VOTE: ADOPTION (67-Y 30-N)
- 02/06/07 House: Communicated to Senate
- 02/07/07 Senate: Reading waived
- 02/07/07 Senate: Referred to Committee on Privileges and Elections
- 02/13/07 Senate: Reported from Privileges and Elections with substitute (14-Y 0-N 1-A)
- 02/13/07 Senate: Rereferred to Courts of Justice
- 02/14/07 Senate: Committee substitute printed 075617232-S1
- 02/19/07 Senate: Reported from Courts of Justice with amendments (7-Y 4-N 2-A)
- 02/20/07 Senate: Reading waived (40-Y 0-N)
- 02/20/07 Senate: VOTE: (40-Y 0-N)
- 02/20/07 Senate: Passed by for the day
- 02/20/07 Senate: Motion to reconsider Passed by for the day agreed to (40-Y 0-N)
- 02/20/07 Senate: VOTE: (40-Y 0-N)
- 02/20/07 Senate: Passed by for the day
- 02/21/07 Senate: Read third time
- 02/21/07 Senate: Reading of substitute waived
- 02/21/07 Senate: Committee substitute rejected 075617232-S1
- 02/21/07 Senate: Reading of amendments waived
- 02/21/07 Senate: Committee amendments agreed to
- 02/21/07 Senate: Motion to recommit to committee rejected (19-Y 19-N 2-A)
- 02/21/07 Senate: VOTE: (19-Y 19-N 2-A)
- 02/21/07 Senate: Chair votes No
- 02/21/07 Senate: Rejected by Senate (18-Y 20-N 2-A)
- 02/21/07 Senate: VOTE: (18-Y 20-N 2-A)
- 02/21/07 Senate: Reconsideration of defeated action agreed to by Senate (38-Y 0-N 2-A)
- 02/21/07 Senate: VOTE: (38-Y 0-N 2-A)
- 02/21/07 Senate: Passed by for the day
- 02/22/07 Senate: Floor substitute printed 072033782-S2 (Obenshain)
- 02/22/07 Senate: Floor substitute printed 072034782-S3 (Obenshain)
- 02/22/07 Senate: Read third time
- 02/22/07 Senate: Passed by temporarily
- 02/22/07 Senate: Committee amendments reconsidered (39-Y 0-N)
- 02/22/07 Senate: VOTE: (39-Y 0-N)
- 02/22/07 Senate: Committee amendments rejected
- 02/22/07 Senate: Substitute by Senator Obenshain withdrawn 072033782-S2
- 02/22/07 Senate: Reading of substitute waived
- 02/22/07 Senate: Substitute by Senator Obenshain agreed to 072034782-S3
- 02/22/07 Senate: Rejected by Senate (16-Y 20-N 3-A)
- 02/22/07 Senate: VOTE: (16-Y 20-N 3-A)