Bill Text: GA SR1142 | 2009-2010 | Regular Session | Introduced
Bill Title: Eminent Domain; private property; benefits of economic development shall not constitute public use; local governments-CA
Spectrum: Partisan Bill (Republican 4-0)
Status: (Introduced - Dead) 2010-03-08 - Senate Read and Referred [SR1142 Detail]
Download: Georgia-2009-SR1142-Introduced.html
10 LC 14
0172
Senate
Resolution 1142
By:
Senators Chapman of the 3rd, Pearson of the 51st, Smith of the 52nd and Shafer
of the 48th
A
RESOLUTION
Proposing
an amendment to the Constitution of Georgia so as to provide that private
property may be taken through eminent domain only for public use, to provide
that the benefits of economic development shall not constitute public use, and
to provide that eminent domain shall not be used by local governments for
purposes of community redevelopment; to provide for submission of this amendment
for ratification or rejection; and for other purposes.
BE
IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA
SECTION
1.
Article
I, Section III, Paragraph I of the Constitution is amended by revising
subparagraph (b) as follows:
"(b)
With just
compensation paid, private property may be taken only for public use. Unless
the taking of private property is necessary for the possession, occupation, and
enjoyment of land by the public at large, or by public agencies, common
carriers, or public utilities, the taking is for a private use, and thus
forbidden. In no event shall the public benefits of economic development,
including but not limited to an increase in tax revenue, tax base, employment,
or general economic health, constitute a public use determined by the General
Assembly pursuant to this Paragraph. When
private property is taken or damaged by the state or the counties or
municipalities of the state for
public road
or street purposes, or for public transportation purposes, or for any other
public purposes as determined by the General
Assembly,
public
use, just and adequate compensation
therefor need not be paid until the same has been finally fixed and determined
as provided by law; but such just and adequate compensation shall then be paid
in preference to all other obligations except bonded
indebtedness."
SECTION
2.
Article
IX, Section II, Paragraph VII of the Constitution is amended by revising
subparagraph (a) as follows:
"(a)
Each
condemnation of privately held property for redevelopment purposes must be
approved by vote of the elected governing authority of the city within which the
property is located, if any, or otherwise by the governing authority of the
county within which the property is located. The power of eminent domain shall
not be used for redevelopment purposes by any entity, except for public use, as
defined by general law.
The General
Assembly may authorize any county, municipality, or housing authority to
undertake and carry out community redevelopment which shall not include
acquisition of property by eminent
domain."
SECTION
3.
Article
IX, Section II of the Constitution is amended by revising Paragraph V as
follows:
"Paragraph
V.
Eminent
domain. The governing authority of each
county and of each municipality may exercise the power of eminent domain for
any public
purpose
public
use subject to any limitations on the
exercise of such power as may be provided by general law. Notwithstanding the
provisions of any local amendment to the Constitution continued in effect
pursuant to Article XI, Section I, Paragraph IV or any existing general law,
each exercise of eminent domain by a nonelected housing or development authority
shall be first approved by the elected governing authority of the county or
municipality within which the property is located."
SECTION
4.
The
above proposed amendment to the Constitution shall be published and submitted as
provided in Article X, Section I, Paragraph II of the Constitution. The ballot
submitting the above proposed amendment shall have written or printed thereon
the following:
|
"( ) YES
( ) NO
|
Shall
the Constitution of Georgia be amended to provide that private property may be
taken through eminent domain only for public use, to provide that the benefits
of economic development shall not constitute public use, and to provide that
eminent domain shall not be used by local governments for purposes of community
redevelopment?"
|
All
persons desiring to vote in favor of ratifying the proposed amendment shall vote
"Yes." All persons desiring to vote against ratifying the proposed amendment
shall vote "No." If such amendment shall be ratified as provided in said
Paragraph of the Constitution, it shall become a part of the Constitution of
this state.
