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.