Table 2

Constitution of the

State of Michigan of 1963

Article X, Section 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 proceeding of a court of record.

Suggested Constitutional Amendment

Article X, Section 2, shall be deleted.  The following section shall be added to Article I, The Declaration of Rights:

(a) Private property shall not be taken or damaged for public use without just compensation therefore being first made or secured in a manner prescribed by law.  Compensation shall be determined in proceeding of a court of record.

(b) No owner shall be deprived of a use of property, or any part thereof, by governmental regulation or action that results in a non negligible reduction in fair market value without full compensation determined by a jury.  No prior resort to administrative remedies shall be required.  The court shall award reasonable attorney fees and costs to any prevailing owner.