SJR-E, As Passed House, December 13, 2005
SUBSTITUTE FOR
SENATE JOINT RESOLUTION E
A joint resolution proposing an amendment to the state
constitution of 1963, by amending section 2 of article X, to
restrict the power of state or local government to take private
property by eminent domain for certain private purposes.
Resolved by the Senate and House of Representatives of the
state of Michigan, That the following amendment to the state
constitution of 1963, to restrict the power of state or local
government to take private property by eminent domain for certain
private purposes, is proposed, agreed to, and submitted to the
people of the state:
ARTICLE X
Sec. 2. Private property shall not be taken for public use
Senate Joint Resolution E as amended November 9, 2005
as amended December 13, 2005
without just compensation therefore being first made or secured in
a manner prescribed by law. <<IF PRIVATE PROPERTY CONSISTING OF AN
INDIVIDUAL'S PRINCIPAL RESIDENCE IS TAKEN FOR PUBLIC USE, THE AMOUNT OF COMPENSATION MADE AND DETERMINED FOR THAT TAKING SHALL BE NOT LESS THAN 125% OF THAT PROPERTY'S FAIR MARKET VALUE, IN ADDITION TO ANY OTHER REIMBURSEMENT ALLOWED BY LAW.>> Compensation shall be determined in
proceedings in a court of record.
"Public use" does not include the taking of private property
for transfer to a private entity for the purpose of economic
development or enhancement of tax revenues. Private property
otherwise may be taken for reasons of public use as that term is
understood on the effective date of the amendment to this
constitution that added this paragraph.
In a condemnation action, the burden of proof is on the
condemning authority to demonstrate, by the preponderance of the
evidence, that the taking of [A] private property is for a public use,
unless the condemnation action involves a taking for the
eradication of blight, in which case the burden of proof is on the
condemning authority to demonstrate, by clear and convincing
evidence, that the taking [OF THAT PROPERTY] is for a public use.
Any existing right, grant, or benefit afforded to property
owners as of November 1, 2005, whether provided by this section, by
statute, or otherwise, shall be preserved and shall not be
abrogated or impaired by the constitutional amendment that added
this paragraph.
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.