Bill Text: WV HJR11 | 2018 | Regular Session | Introduced
Bill Title: Prohibiting the Governmental Taking of Private Property for Private Use Amendment
Spectrum: Partisan Bill (Republican 3-0)
Status: (Introduced - Dead) 2018-01-10 - To House Judiciary [HJR11 Detail]
Download: West_Virginia-2018-HJR11-Introduced.html
WEST virginia Legislature
2017 regular session
By
[
Referred to the Committee on the
Judiciary
Proposing an amendment to
the Constitution of the State of West Virginia, amending section nine, article
three thereof, relating to prohibiting the taking of private property for
private use; numbering and designating such proposed amendment; and providing a
summarized statement of the purpose of such proposed amendment.
Resolved by the
Legislature of West Virginia, two thirds of the members elected to each house
agreeing thereto:
That the question of
ratification or rejection of an amendment to the Constitution of the State of
West Virginia be submitted to the voters of the state at the next general
election to be held in the year 2018, which proposed amendment is that section
nine, article three thereof be amended, to read as follows
ARTICLE
III.
§9. Private
property, how taken.
(a) Private property shall not be
taken or damaged for public use, without just compensation; nor shall the same
be taken by any company, incorporated for the purposes of internal improvement,
until just compensation shall have been paid, or secured to be paid, to the
owner; and when private property shall be taken, or damaged for public use, or
for the use of such corporation, the compensation to the owner shall be
ascertained in such manner as may be prescribed by general law: Provided,
That when required by either of the parties, such compensation shall be
ascertained by an impartial jury of twelve freeholders.
(b) Notwithstanding any other provision of law, the State of
West Virginia, or any of its departments, divisions, agencies, commissions,
corporations, boards, authorities, or other entities, or any municipality or
county, or any agency, corporation, district, board, or other entity organized
by or under the control of any municipality or county in the state and vested
by law to any extent whatsoever with the power of eminent domain, may not
condemn property for the purposes of private retail, office, commercial,
industrial, or residential development; or primarily for enhancement of tax
revenue; or for transfer to a person, nongovernmental entity, public-private
partnership, corporation, or other business entity. Nothing in this amendment shall limit the
exercise of eminent domain by or for the benefit of public utilities or other
entities engaged in the generation, transmission, or distribution of telephone,
gas, petroleum products, electricity, water, sewer, or other utility products;
or services by or for the benefit of any airport authority for airport-related
activities. Nothing in this amendment
shall be interpreted to prohibit the state or a municipal or county governing
body from exercising the power of eminent domain for the purpose of
constructing, maintaining, or operating streets, roads or railroads.
(c) Property condemned pursuant to the power of eminent
domain in this state, if not ever used for the purpose or purposes for which it
was condemned, that is subsequently determined to be sold, shall be first
offered for sale to the person or persons from whom the property was condemned,
or his or her known or ascertainable heirs or assigns, at the price which was
paid for the property, less such amount, if any, as the person or persons from
whom the property was condemned shall show by good and sufficient documentation
to be the amount of income and transaction taxes, if any, actually paid in connection
therewith, and if the offer shall not be accepted within ninety days from the
date it is made, the property may be sold to any other person, but only at
public sale after legal notice is given.
Resolved further, That in accordance
with the provisions of article eleven, chapter three of the Code of West
Virginia, 1931, as amended, such proposed amendment is hereby numbered "Amendment No. 1" and designated as the "Prohibiting the Governmental Taking of Private Property for
Private Use Amendment" and the purpose of the proposed amendment is summarized as
follows: "To prohibit the taking of private
property for private use."
NOTE: The purpose of this resolution is to amend the
State Constitution to prohibit the taking of private property for private use.
Strike-throughs indicate language
that would be stricken from a heading or the present Constitution, and
underscoring indicates new language that would be added.
