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2007 SESSION

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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.


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