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.165460.1
SENATE JOINT RESOLUTION 8
48
TH LEGISLATURE
- STATE OF NEW MEXICO -
FIRST SESSION
, 2007
INTRODUCED BY
Joseph J. Carraro
A JOINT RESOLUTION
PROPOSING AN AMENDMENT TO ARTICLE 2, SECTION 20 OF THE
CONSTITUTION OF NEW MEXICO TO PROHIBIT THE TAKING OF PRIVATE
PROPERTY BY EMINENT DOMAIN FOR PRIVATE OWNERSHIP OR USE.
BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
Section 1. It is proposed to amend Article 2, Section 20
of the constitution of New Mexico to read:
"A.
Private property [shall not
] may
be taken or
damaged for public use [without just compensation
] only:
(1) when necessary for the possession,
occupation or enjoyment of land by the public at large;
(2) by public agencies, except as set forth
in Subsection B of this section; and
(3) only upon payment of just compensation.
B. Except for privately owned common carriers,
pg_0002
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.165460.1
private property shall not be taken for use by a private
commercial enterprise, for economic development or for any
other private use, except with the consent of the owner.
C. Property shall not be taken from one owner and
transferred to another, on the grounds that the public will
benefit from a more profitable private use.
"
Section 2. The amendment proposed by this resolution
shall be submitted to the people for their approval or
rejection at the next general election or at any special
election prior to that date that may be called for that
purpose.
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