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2011 SESSION
HJ 693 Constitutional amendment; taking or damaging of private property for public use (first reference).
Introduced by: Johnny S. Joannou | all patrons ... notes | add to my profiles
SUMMARY AS PASSED: (all summaries)
Constitutional amendment (first resolution); taking or damaging of private property; public use. Revises the prohibition on the enactment by the General Assembly of laws whereby private property may be taken or damaged. An existing provision authorizing the General Assembly to define what constitutes a public use is removed. The proposed amendment provides that private property can be taken or damaged only for a public use, only with just compensation to the owner, and only so much taken as is necessary for the public use. Just compensation must equal or exceed the value of the property taken, lost profits and lost access, and damages to the residue caused by the taking. A public service company, public service corporation, or railroad exercises the power of eminent domain for public use when such exercise is for the authorized provision of utility, common carrier, or railroad services. In all other cases, a taking or damaging of private property is not for public use if the primary use is for private gain, private benefit, private enterprise, increasing jobs, increasing tax revenue, or economic development, except for the elimination of a public nuisance existing on the property. The condemnor bears the burden of proving that the use is public, without a presumption that it is. This resolution incorporates HJR 498, HJR 515, and HJR 647.
FULL TEXT
- 01/17/11 House: Presented and ordered printed 11103856D pdf
- 02/04/11 House: Committee substitute printed 11105102D-H1 pdf
- 02/15/11 Senate: Committee substitute printed 11105382D-S1 pdf
- 03/03/11 House: Bill text as passed House and Senate (HJ693ER) pdf
- 03/28/11 Governor: Acts of Assembly Chapter text (CHAP0757) pdf
AMENDMENTS
HISTORY
- 01/17/11 House: Presented and ordered printed 11103856D
- 01/17/11 House: Referred to Committee on Privileges and Elections
- 02/04/11 House: Reported from Privileges and Elections with substitute (17-Y 2-N)
- 02/04/11 House: Committee substitute printed 11105102D-H1
- 02/04/11 House: Incorporates HJ647
- 02/04/11 House: Incorporates HJ515
- 02/04/11 House: Incorporates HJ498
- 02/07/11 House: Passed by for the day
- 02/08/11 House: Taken up
- 02/08/11 House: Committee substitute agreed to 11105102D-H1
- 02/08/11 House: Engrossed by House - committee substitute HJ693H1
- 02/08/11 House: Agreed to by House (81-Y 18-N)
- 02/08/11 House: VOTE: ADOPTION (81-Y 18-N)
- 02/09/11 Senate: Reading waived
- 02/09/11 Senate: Referred to Committee on Privileges and Elections
- 02/15/11 Senate: Reported from Privileges and Elections with substitute (8-Y 7-N)
- 02/15/11 Senate: Committee substitute printed 11105382D-S1
- 02/17/11 Senate: Reading waived (39-Y 0-N)
- 02/18/11 Senate: Read third time
- 02/18/11 Senate: Passed by for the day
- 02/21/11 Senate: Read third time
- 02/21/11 Senate: Passed by for the day
- 02/22/11 Senate: Read third time
- 02/22/11 Senate: Reading of substitute waived
- 02/22/11 Senate: Committee substitute agreed to 11105382D-S1
- 02/22/11 Senate: Amendment #1 by Senator Watkins withdrawn
- 02/22/11 Senate: Amendments #1, #2 and #3 by Senator Newman withdrawn
- 02/22/11 Senate: Reading of amendments waived
- 02/22/11 Senate: Amendments #2 and #3 by Senator Watkins agreed to
- 02/22/11 Senate: Engrossed by Senate - committee substitute with amendments HJ693S1
- 02/22/11 Senate: Agreed to by Senate with substitute with amendments (31-Y 8-N)
- 02/22/11 Senate: Reconsideration of Senate passage agreed to by Senate (40-Y 0-N)
- 02/22/11 Senate: Agreed to by Senate with substitute with amendments (35-Y 5-N)
- 02/22/11 House: Placed on Calendar
- 02/23/11 House: Senate substitute with amendments agreed to by House 11105382D-S1 (83-Y 15-N)
- 02/23/11 House: VOTE: ADOPTION (83-Y 15-N)
- 03/03/11 House: Enrolled
- 03/03/11 House: Bill text as passed House and Senate (HJ693ER)
- 03/03/11 House: Signed by Speaker
- 03/04/11 Senate: Signed by President
- 03/28/11 Governor: Acts of Assembly Chapter text (CHAP0757)
- 03/31/11 House: Assigned Chapter 757 (effective - see bill)