House Concurrent Resolution 12

A CONCURRENT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 17, MISSISSIPPI CONSTITUTION OF 1890, TO PROVIDE THAT PRIVATE PROPERTY SHALL NEVER BE TAKEN SOLELY FOR PRIVATE ECONOMIC DEVELOPMENT PURPOSES OR FOR A PURPOSE THAT DENIES THE GENERAL PUBLIC THE LEGAL RIGHT TO USE THE PROPERTY; AND FOR RELATED PURPOSES.

BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI, That the following amendment to the Mississippi Constitution of 1890 is proposed to the qualified electors of the state:

Amend Section 17, Mississippi Constitution of 1890, to read as follows:

"Section 17. Private property shall not be taken or damaged for public use, except on due compensation being first made to the owner or owners thereof, in a manner to be prescribed by law; but private property shall never be taken solely for private economic development purposes or for a purpose that denies the general public the legal right to use the property; and whenever an attempt is made to take private property for a use alleged to be public, the question whether the contemplated use be public shall be a judicial question, and, as such, determined without regard to legislative assertion that the use is public."

BE IT FURTHER RESOLVED, That this proposed amendment shall be submitted by the Secretary of State to the qualified electors at an election to be held on the first Tuesday after the first Monday of November 2006, as provided by Section 273 of the Constitution and by general law.

BE IT FURTHER RESOLVED, That the explanation of this proposed amendment for the ballot shall read as follows: "This proposed constitutional amendment prohibits use of the power of eminent domain to take private property solely for private economic development purposes or for a purpose that denies the general public the legal right to use the property."