Introduced
by
To place before voters in the next general election a Constitutional amendment to prohibit the use of eminent domain by state or local governments to take private property and transfer it to a private entity for the primary benefit of that private entity, rather than for “the use or benefit” of the public. This would place in the Constitution a standard similar to the state Supreme Court’s 2005 ruling in Wayne County v. Hathcock, which reversed its 1981 “Poletown” ruling, and held that a government taking is not justified just because a different use of the property might increase government tax revenues. Note: The 2005 U.S. Supreme Court decision in Kelo v. New London held that the U.S. Constitution does not prohibit such takings, but that states are free to prohibit them anyway.
Referred to the Committee on Government Operations
