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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 | history

SUMMARY AS PASSED HOUSE:

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.

SUMMARY AS INTRODUCED:

Constitutional amendment (first resolution); taking of private property for public uses.  Establishes what constitutes a taking of private property for a public use.  Takings are for a public use only if the property is used solely to provide a service or facility to or for the public generally or if the taking is to remove an immediate threat to public health or safety caused by the existing condition of the property.  A taking of private property does not constitute a taking for a public use if a purpose of the taking is to transfer its ownership, possession, or occupancy to a private entity. However, takings of private property by a private entity are for a public use if the entity has been delegated the power of eminent domain to take it for the purpose of providing utility or transportation services or facilities to or for the public.  Statements that a taking is for a public use or that the taking will further economic development, increase public revenue, or increase employment shall not be considered in judicial determinations of whether the taking is for a public use.  The condemnor may dispose of property that was acquired for a public use upon a subsequent determination that the property is not necessary or appropriate for the use for which it was taken or no longer poses an immediate threat to public health or safety.