PROPOSAL 06-4
PROPOSED CONSTITUTIONAL AMENDMENT
A proposal to amend the State Constitution to prohibit government from taking private
property by eminent domain for certain private purposes. (Proposal provided under Senate Joint Resolution E – adopted by the State Legislature and filed with the Secretary of State on December 15, 2005.)
The proposal would amend Section 2 of Article X of the State Constitution to read as follows:
ARTICLE X
Sec. 2. Private property shall not be taken for public use without just compensation therefore being first made or secured in a manner prescribed by law. If private property consisting of an individual’s principal residence is taken for public use, the amount of compensation made and determined for that taking shall be not less than 125% of that property’s fair market value, in addition to any other reimbursement allowed by law. Compensation shall be determined in proceedings in a court of record.
“Public use” does not include the taking of private property for transfer to a private entity for the purpose of economic development or enhancement of tax revenues. Private property otherwise may be taken for reasons of public use as that term is understood on the effective date of the amendment to this constitution that added this paragraph.
In a condemnation action, the burden of proof is on the condemning authority to demonstrate, by the preponderance of the evidence, that the taking of a private property is for a public use, unless the condemnation action involves a taking for the eradication of blight, in which case the burden of proof is on the condemning authority to demonstrate, by clear and convincing evidence, that the taking of that property is for a public use. (146)
Any existing right, grant, or benefit afforded to property owners as of November 1, 2005, whether provided by this section, by statute, or otherwise, shall be preserved and shall not be abrogated or impaired by the constitutional amendment that added this paragraph.
Resolved further, That the foregoing amendment shall be submitted to the people of the state at the next general election in the manner provided by law.
Article X, Section 2, of the State Constitution now reads as follows:
Sec. 2. Private property shall not be taken for public use without just compensation therefor being first made or secured in a manner prescribed by law. Compensation shall be determined in proceedings in a court of record.
The following is the official ballot wording:
PROPOSAL 06-4
A PROPOSED CONSTITUTIONAL AMENDMENT TO PROHIBIT GOVERNMENT FROM
TAKING PRIVATE PROPERTY BY EMINENT DOMAIN FOR CERTAIN PRIVATE
PURPOSES
The proposed constitutional amendment would:
• Prohibit government from taking private property for transfer to another private individual or business for purposes of economic development or increasing tax revenue.
• Provide that if an individual’s principal residence is taken by government for public use, the
individual must be paid at least 125% of property’s fair market value.
• Require government that takes a private property to demonstrate that the taking is for a public use; if taken to eliminate blight, require a higher standard of proof to demonstrate that the taking of that property is for a public use.
• Preserve existing rights of property owners.
Should this proposal be adopted?
Yes
No
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