SENATE JOINT RESOLUTION E

 

 

August 31, 2005, Introduced by Senator STAMAS and referred to the Committee on Transportation.

 

 

 

 

     A joint resolution proposing an amendment to the state

 

constitution of 1963, by amending section 54 of article X, to

 

restrict the power of state or local government to take private

 

property by eminent domain for the primary benefit of private

 

entities.

 

     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 the

 

primary benefit of private entities, 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

 

without just compensation therefore being first made or secured in

 

a manner prescribed by law. Compensation shall be determined in

 

proceedings in a court of record. A taking of private property is

 

not considered to be for public use if the property is transferred

 

to a private entity or entities for the primary benefit of the

 

private entity or entities.

 

     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.