SENATE JOINT RESOLUTION U

 

 

November 8, 2018, Introduced by Senator COLBECK and referred to the Committee on Government Operations.

 

 

 

     A joint resolution proposing an amendment to the state

 

constitution of 1963, by adding section 28 to article I, to declare

 

the inalienable fundamental right of an individual to use and

 

control certain property.

 

     Resolved by the Senate and House of Representatives of the

 

state of Michigan, That the following amendment to the state

 

constitution of 1963, to declare the inalienable fundamental right

 

of an individual to use and control certain property, is proposed,

 

agreed to, and submitted to the people of the state:

 

ARTICLE I

 

     Sec. 28. (1) An individual has an inalienable fundamental

 

right to the full use and control of his or her private domicile,

 

including his or her land and other property where the domicile is

 

located.

 

     (2) The government shall not violate or burden, or attempt to


violate or burden, an individual's right as declared in subsection

 

(1) without a compelling justification that the violation or burden

 

meets both of the following requirements:

 

     (a) Is in furtherance of a compelling government interest.

 

     (b) Is the least restrictive means of furthering the

 

compelling government interest.

 

     (3) An individual may assert a violation of this section as a

 

claim or defense in a judicial or administrative proceeding.

 

     (4) This section applies to all of the laws, rules,

 

regulations, and guidance of this state whether adopted before or

 

after the effective date of this section.

 

     (5) Nothing in this section preempts, repeals, or weakens, or

 

shall be construed to preempt, repeal, or weaken, a law, rule,

 

regulation, or guidance that is more protective of property rights.

 

     (6) As used in this section, "government" means this state and

 

its branches, departments, agencies, commissions,

 

instrumentalities, authorities, political subdivisions, public

 

universities, and any agent or contractual partner of this state or

 

its branches, departments, agencies, commissions,

 

instrumentalities, authorities, political subdivisions, or public

 

universities.

 

     Resolved further, That the foregoing amendment shall be

 

submitted to the people of the state at the next general election

 

in the manner provided by law.