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.164111.1

HOUSE JOINT RESOLUTION 1

48

TH LEGISLATURE

- STATE OF NEW MEXICO -

FIRST SESSION

, 2007

INTRODUCED BY

Thomas A. Anderson

A JOINT RESOLUTION

PROPOSING AN AMENDMENT TO ARTICLE 2, SECTION 20 OF THE

CONSTITUTION OF NEW MEXICO TO DEFINE AND LIMIT THE PUBLIC USE

FOR WHICH PRIVATE PROPERTY MAY BE TAKEN OR DAMAGED BY EXCLUDING

PRIVATE DEVELOPMENT OR COMMERCE EXCEPT IN CERTAIN SITUATIONS.

BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

Section 1. It is proposed to amend Article 2, Section 20

of the constitution of New Mexico to read:

"A.

Private property shall not be taken or damaged

for public use without just compensation.

B. For the purposes of this section, "public use"

means the possession, occupation or enjoyment of property, as

authorized by law, by the public at large, public agencies,

public utilities, pipeline common carriers and those seeking to

put water to beneficial use. In addition, "public use" means

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.164111.1

the addressing of a threat to the personal health or safety of

members of the public from structures or activities on or in

property.

C. Except for public use, private property shall

not be taken for use by private commercial enterprise for

economic development or for any other private use unless the

owner consents to the taking.

D. Private property shall not be taken from one

owner and transferred to another private owner on the grounds

that the public will benefit from a more profitable use of the

property.

"

Section 2. The amendment proposed by this resolution

shall be submitted to the people for their approval or

rejection at the next general election or at any special

election prior to that date that may be called for that

purpose.

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