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.