HJ 3 Constitutional amendment; taking or damaging of private property for public use (second reference).
Robert B. Bell | all patrons    ...    notes
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Summary as introduced:
Constitutional amendment (second resolution); taking or damaging of private property; public use.  Revises the prohibition on the enactment by the General Assembly of laws whereby private property may be taken or damaged. An existing provision authorizing the General Assembly to define what constitutes a public use is removed. The proposed amendment provides that private property can be taken or damaged only for a public use, only with just compensation to the owner, and only so much taken as is necessary for the public use. Just compensation must equal or exceed the value of the property taken, lost profits and lost access, and damages to the residue caused by the taking. A public service company, public service corporation, or railroad exercises the power of eminent domain for public use when such exercise is for the authorized provision of utility, common carrier, or railroad services. In all other cases, a taking or damaging of private property is not for public use if the primary use is for private gain, private benefit, private enterprise, increasing jobs, increasing tax revenue, or economic development, except for the elimination of a public nuisance existing on the property. The condemnor bears the burden of proving that the use is public, without a presumption that it is.

Full text:
11/22/11  House: Prefiled and ordered printed; offered 01/11/12 12100099D  pdf | impact statement
03/15/12  House: Bill text as passed House and Senate (HJ3ER)  pdf
04/10/12  Governor: Acts of Assembly Chapter text (CHAP0736)  pdf

Status:
11/22/11  House: Prefiled and ordered printed; offered 01/11/12 12100099D
11/22/11  House: Referred to Committee on Privileges and Elections
01/12/12  House: Assigned P & E sub: Constitutional Amendments Subcommittee
02/06/12  House: Subcommittee recommends reporting (5-Y 0-N)
02/10/12  House: Reported from Privileges and Elections (19-Y 3-N)
02/13/12  House: Taken up
02/13/12  House: Engrossed by House
02/13/12  House: Agreed to by House (80-Y 18-N)
02/13/12  House: VOTE: ADOPTION (80-Y 18-N)
02/14/12  Senate: Reading waived
02/14/12  Senate: Referred to Committee on Privileges and Elections
02/21/12  Senate: Reported from Privileges and Elections (13-Y 2-N)
02/23/12  Senate: Read second time
02/24/12  Senate: Read third time
02/24/12  Senate: Passed by for the day
02/27/12  Senate: Read third time
02/27/12  Senate: Agreed to by Senate (24-Y 16-N)
03/15/12  House: Enrolled
03/15/12  House: Bill text as passed House and Senate (HJ3ER)
03/15/12  House: Signed by Speaker
03/17/12  Senate: Signed by President
04/09/12  House: Assigned Chapter 736 (effective - see bill)
04/10/12  Governor: Acts of Assembly Chapter text (CHAP0736)