PROPOSAL 06-4[85]

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 o

No o