Bill Text: MS SC557 | 2016 | Regular Session | Introduced

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Bill Title: Constitution of 1890; amend Section 17A to permanently prohibit certain transfers of land acquired through eminent domain.

Spectrum: Moderate Partisan Bill (Republican 7-1)

Status: (Failed) 2016-02-23 - Died In Committee [SC557 Detail]

Download: Mississippi-2016-SC557-Introduced.html

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MISSISSIPPI LEGISLATURE

2016 Regular Session

To: Rules

By: Senator(s) Seymour, Watson, Gollott, Moran, Blackwell, Jolly, Parker, Caughman

Senate Concurrent Resolution 557

A CONCURRENT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 17A, MISSISSIPPI CONSTITUTION OF 1890, TO MAKE PERPETUAL THE RESTRICTION ON SALE OR TRANSFER OF PROPERTY ACQUIRED THROUGH EMINENT DOMAIN; AND FOR RELATED PURPOSES.

     BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI, That the following amendment to the Mississippi Constitution of 1890 is proposed to the qualified electors of the state:

     Amend Section 17A, Mississippi Constitution of 1890, to read as follows:

     Section 17A.  No property acquired by the exercise of the power of eminent domain under the laws of the State of Mississippi shall * * *, for a period of ten years after its acquisition, ever be transferred or any interest therein transferred to any person, nongovernmental entity, public-private partnership, corporation, or other business entity with the following exceptions:

          ( * * *1a)  The above provisions shall not apply to drainage and levee facilities and usage, roads and bridges for public conveyance, flood control projects with a levee component, seawalls, dams, toll roads, public airports, public ports, public harbors, public wayports, common carriers or facilities for public utilities and other entities used in the generation, transmission, storage or distribution of telephone, telecommunication, gas, carbon dioxide, electricity, water, sewer, natural gas, liquid hydrocarbons or other utility products.

          ( * * *2b)  The above provisions shall not apply where the use of eminent domain ( * * *ai) removes a public nuisance; ( * * *bii) removes a structure that is beyond repair or unfit for human habitation or use; ( * * *ciii) is used to acquire abandoned property; or ( * * *div) eliminates a direct threat to public health or safety caused by the property in its current condition.

     BE IT FURTHER RESOLVED, That this proposed amendment shall be submitted by the Secretary of State, to the qualified electors at an election to be held on the first Tuesday after the first Monday of November 2016, as provided by Section 273 of the Constitution and by general law.

     BE IT FURTHER RESOLVED, That the explanation of this proposed amendment for the ballot shall read as follows:  "The Constitution currently prohibits the sale or other transfer of land acquired by eminent domain for ten (10) years unless the use of the property falls within certain exceptions.  This proposed constitutional amendment would make that prohibition on sale or transfer perpetual."