REPORT OF CONFERENCE COMMITTEE

 

MR. SPEAKER AND MADAM PRESIDENT:

 

   We, the undersigned conferees, have had under consideration the amendments to the following entitled RESOLUTION:

 

H. C. No.   10:  Amend Constitution; restrict use of eminent domain.

 

  We, therefore, respectfully submit the following report and recommendation:

 

  1.  That the Senate recede from its Amendment No. 1.

 

  2.  That the House and Senate adopt the following amendment:

 

     Amend by striking all after the resolving clause and inserting in lieu thereof the following:

 

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 except for public use and except on due compensation being first made to the owner or owners thereof, in a manner to be prescribed by law.  The taking or damaging of private property predominantly for the purpose of increasing tax revenue shall not be considered a public use.  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 for the predominate purpose of increasing tax revenue."

     Further, amend by striking the title in its entirety and inserting in lieu thereof the following:

 

     A CONCURRENT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 17, MISSISSIPPI CONSTITUTION OF 1890, TO PROVIDE THAT THE TAKING OF DAMAGING OF PRIVATE PROPERTY PREDOMINANTLY FOR PRIVATE ECONOMIC DEVELOPMENT SHALL NOT BE CONSIDERED A PUBLIC USE; AND FOR RELATED PURPOSES.

 

CONFEREES FOR THE HOUSE          CONFEREES FOR THE SENATE

X (SIGNED)	X (SIGNED)
James Evans	Hob Bryan
X (SIGNED)	X (SIGNED)
Thomas U. Reynolds	Gray Tollison
X (SIGNED)	X (SIGNED)
Jessica Upshaw	Charlie Ross