Constitutional amendment; establishes limits on ability to take private property. (HJ772)

Introduced By

Del. Ben Cline (R-Amherst) with support from co-patron Del. Dave Albo (R-Springfield)

Description

Constitutional amendment (first resolution); taking of private property. Establishes limits on the ability to take private property. Private property may not be taken unless the land taken is for the ownership, possession, occupation, and enjoyment by the public at large, or by public agencies, or the land taken is used for the creation or functioning of a public utility or railroad. Takings are also permitted if land taken is blighted and the taking eliminates a direct threat to public health or safety. An increase in tax base, tax revenues, employment, or general economic health and welfare shall not constitute public uses. Property shall not be taken for any private use, except with consent of the owner. Takings must be necessary to achieve the alleged public use, and the public interest must dominate the private gain. Taking under the pretext of an alleged public use, or to confer a benefit on a particular class of identifiable individuals or a private party, is impermissible. The issue of whether a use is truly public shall be determined without regard to any legislative assertion that the use is public. Read the Bill »

Outcome

History