Monday, July 16, 2012

SJ3-On the Ballot For Novemeber


SJ 3 Constitutional amendment; taking or damaging of private property for public use (second reference).
Mark D. Obenshain | all patrons ... notes
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Summary as passed Senate: (all summaries)
Constitutional amendment (second resolution); taking or damaging of private property; public use. Revises the prohibition on the enactment by the General Assembly of laws whereby private property may be taken or damaged. An existing provision authorizing the General Assembly to define what constitutes a public use is removed. The proposed amendment provides that private property can be taken or damaged only for a public use, only with just compensation to the owner, and only so much taken as is necessary for the public use. Just compensation must equal or exceed the value of the property taken, lost profits and lost access, and damages to the residue caused by the taking. A public service company, public service corporation, or railroad exercises the power of eminent domain for public use when such exercise is for the authorized provision of utility, common carrier, or railroad services. In all other cases, a taking or damaging of private property is not for public use if the primary use is for private gain, private benefit, private enterprise, increasing jobs, increasing tax revenue, or economic development, except for the elimination of a public nuisance existing on the property. The condemnor bears the burden of proving that the use is public, without a presumption that it is. The Resolution incorporates SJ 67 and SJ 117.
Full text:
11/21/11 Senate: Prefiled and ordered printed; offered 01/11/12 12100006D pdf | impact statement
01/31/12 Senate: Committee substitute printed 12104981D-S1 pdf
03/15/12 Senate: Bill text as passed Senate and House (SJ3ER) pdf
04/10/12 Governor: Acts of Assembly Chapter text (CHAP0738) pdf

Status:
11/21/11 Senate: Prefiled and ordered printed; offered 01/11/12 12100006D
11/21/11 Senate: Referred to Committee on Privileges and Elections
01/31/12 Senate: Reported from Privileges and Elections with substitute (13-Y 2-N)
01/31/12 Senate: Committee substitute printed 12104981D-S1
02/01/12 Senate: Incorporates SJ67
02/01/12 Senate: Incorporates SJ117
02/02/12 Senate: Read first time
02/03/12 Senate: Read second time
02/03/12 Senate: Passed by for the day
02/06/12 Senate: Read second time
02/06/12 Senate: Passed by for the day
02/07/12 Senate: Passed by for the day
02/08/12 Senate: Passed by for the day
02/09/12 Senate: Passed by for the day
02/10/12 Senate: Read second time
02/10/12 Senate: Reading of substitute waived
02/10/12 Senate: Committee substitute agreed to 12104981D-S1
02/10/12 Senate: Engrossed by Senate - committee substitute SJ3S1
02/13/12 Senate: Read third time and agreed to by Senate (23-Y 16-N)
02/13/12 Senate: Reconsideration of passage agreed to by Senate (40-Y 0-N)
02/13/12 Senate: Agreed to by Senate (23-Y 17-N)
02/15/12 House: Placed on Calendar
02/15/12 House: Read first time
02/15/12 House: Referred to Committee on Privileges and Elections
02/16/12 House: Assigned P & E sub: Constitutional Amendments Subcommittee
02/27/12 House: Subcommittee recommends reporting (6-Y 0-N)
03/02/12 House: Reported from Privileges and Elections (20-Y 2-N)
03/06/12 House: Taken up
03/06/12 House: Agreed to by House (83-Y 17-N)
03/06/12 House: VOTE: ADOPTION (83-Y 17-N)
03/15/12 Senate: Enrolled
03/15/12 Senate: Bill text as passed Senate and House (SJ3ER)
03/15/12 House: Signed by Speaker
03/17/12 Senate: Signed by President
04/09/12 House: Assigned Chapter 738 (effective - see bill)
04/10/12 Governor: Acts of Assembly Chapter text (CHAP0738)

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