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 | add to my profiles another bill?Log inLIS Home- - - - - - - - - - - - - -Bills & ResolutionsMembersCommitteesMeetingsCalendarsCommunicationsMinutesStatisticsLobbyist-in-a-Box 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)