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HOUSE MEMORIAL 33
48
TH LEGISLATURE
- STATE OF NEW MEXICO -
FIRST SESSION
, 2007
INTRODUCED BY
Nora Espinoza
A MEMORIAL
REQUESTING THAT THE CONGRESSIONAL DELEGATION OF THE STATE OF
NEW MEXICO WORK TO PROTECT INTELLECTUAL AND PHYSICAL PROPERTY
RIGHTS.
WHEREAS, the Fifth Amendment of the United States
constitution states "nor shall private property be taken for
public use, without just compensation"; and
WHEREAS, Kelo vs. the City of New London gave local
governments and municipalities the power to seize private
property for private enterprises in order to increase tax
revenue and stimulate economic development, not for any public
use or purpose; and
WHEREAS, this interpretation of the eminent domain power
infringes upon the most fundamental of rights and endangers
property owners across the nation; and
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.168046.1
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WHEREAS, Article I, Section 8 of the United States
constitution states "Congress shall have the power to...
promote the progress of science and useful arts, by securing
for limited times to authors and inventors the exclusive right
to their respective writings and discoveries"; and
WHEREAS, the exclusive right of authors and inventors to
their intellectual property is being subjected to increasing
infringement and threats of infringement by both public and
private entities, ranging from global piracy to illegal sharing
of content files on college campuses and to governmental
abrogation; and
WHEREAS, state legislatures have the duty to limit both
public and private infringements of private entities' rights to
the use and enjoyment of physical and intellectual property on
matters within the authority of the legislatures, and to oppose
such violations on matters outside their authority;
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF
REPRESENTATIVES OF THE STATE OF NEW MEXICO that governmental
takings of either physical or intellectual property for
nonpublic uses or purposes, governmental abrogation of physical
or intellectual property rights without compensation and
illegal use of physical or intellectual property by private
entities are violations of the fundamental rights of the owners
of physical and intellectual property; and
BE IT FURTHER RESOLVED that the house of representatives
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.168046.1
work to restore, protect and enhance intellectual and physical
property rights by reviewing present law and pending
legislation; and
BE IT FURTHER RESOLVED that the United States senate and
house of representatives be instructed to restore, protect and
enhance intellectual and physical property rights in present
federal law, pending federal legislation and all trade
agreements; and
BE IT FURTHER RESOLVED that copies of this memorial be
transmitted to members of the New Mexico congressional
delegation.
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