2005 Senate Bill 693 ↩

Senate Roll Call 567: Passed

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. Specifically, property could not be taken from one person and transferred to another for purposes of “economic development” or increasing tax revenues. If property is taken for purposes of eradicating urban “blight” then the burden of proof would be on the condemning authority to demonstrate “by clear and convincing evidence” that this is a public use. In other cases the authority would only have to meet the less stringent “preponderance of the evidence” standard. See <a href="http://www.michiganvotes.org/Legislation.aspx?ID=41339">Senate Joint Resoluton E</a>.