05 LC
33 0538
House
Resolution 87
By:
Representatives Hembree of the
67th,
Ehrhart of the
36th,
Smith of the
113th,
Chambers of the
81st,
Brooks of the
63rd,
and others
A
RESOLUTION
Proposing
an amendment to the Constitution so as to limit the power to take private
property for public purposes to only the state, counties, and municipalities and
only for designated public purposes which do not include transferring condemned
land to private entities for purposes of economic development and increasing the
tax revenues of a government; to provide for related matters; 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 striking
subparagraphs (a) and (b) and inserting in their place new subparagraphs to read
as follows:
∀(a)
The power of eminent domain may be exercised only by the state and the counties
and municipalities of the state and may not be exercised by any government
authority, government created entity or corporation, private entity, or person.
The power of eminent domain may be exercised by the state and the counties and
municipalities of the state with the intent to transfer ownership of the
property to a public authority or other government entity or to a publicly
regulated utility company for the purposes authorized in this Paragraph. The
power of eminent domain shall only be exercised for purposes of public roads and
streets, public transportation, railways, utilities, government owned and used
buildings, and public facilities for the general use of government or its
citizens. The power of eminent domain shall not be used for purposes of
increasing the tax revenue of a government, including the transfer of condemned
land to a private entity for purposes of economic
development. Except as otherwise provided
in this Paragraph, private property shall not be taken or damaged for public
purposes without just and adequate compensation being first paid.
(b)
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,
for other
purposes set out in this Paragraph, or for
any other public purposes as determined by the General Assembly, 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
VIII, Section IV, Paragraph I of the Constitution is amended by striking
subparagraph (d) and inserting in its place a new subparagraph to read as
follows:
"(d)
The board of regents may hold, purchase, lease, sell, convey, or otherwise
dispose of public property, execute conveyances thereon, and utilize the
proceeds arising
therefrom;
may exercise the power of eminent domain in the manner provided by
law; and shall have such other powers and
duties as provided by
law."
SECTION
3.
Article
IX, Section II, Paragraph V of the Constitution is amended by striking such
Paragraph and inserting in its place a new Paragraph to read 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
authorized under Article I, Section III, Paragraph I of this
Constitution."
SECTION
4.
Article
IX, Section II, Paragraph VII of the Constitution is amended by striking
subparagraph (a) and inserting in its place a new subparagraph to read as
follows:
"(a)
The General Assembly may authorize any county, municipality, or housing
authority to undertake and carry out community redevelopment, which
may
shall
not include the sale or other disposition
of property acquired by eminent domain to private enterprise for private
uses."
SECTION
5.
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 so as to limit the power to take private
property for public purposes to only the state, counties, and municipalities and
only for designated public purposes which do not include transferring condemned
land to private entities for purposes of economic development and increasing the
tax revenues of a government?"
|
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.