2005 Senate Joint Resolution E ↩

House Roll Call 781: Passed

To place before voters in the next general election a Constitutional amendment to restrict but not eliminate the use of eminent domain by state or local governments to take private property from one person and transfer it to another. This could not be done for purposes of “economic development” or for increasing tax revenues. If the taking is for purposes of eradicating urban “blight” then the burden of proof would be on the condemning authority to demonstrate “by clear and convincing evidence” that the particular property is being taken for a public use, i.e. that the particular property is blighted. In other cases the condemning authority would only have to meet the less stringent “preponderance of the evidence” standard. If a taking is of an individual's principle residence the person would have to be paid at least 125 percent of the fair market value.