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.166948.1

HOUSE JOINT RESOLUTION 11

48

TH LEGISLATURE

- STATE OF NEW MEXICO -

FIRST SESSION

, 2007

INTRODUCED BY

Justine Fox-Young

A JOINT RESOLUTION

PROPOSING AN AMENDMENT TO ARTICLE 2, SECTION 20 OF THE

CONSTITUTION OF NEW MEXICO TO LIMIT THE PUBLIC USES FOR WHICH

PRIVATE PROPERTY MAY BE TAKEN.

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:

"[Private property shall not be taken or damaged for

public use without just compensation

] With just compensation

paid, private property may be taken only when necessary for

the possession, occupation or enjoyment of land by the public

at large, public agencies or political subdivisions of the

state. Except for privately owned common carriers, private

property shall not be taken for use by private commercial

enterprise for economic development or for any other private

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.166948.1

use, except with the consent of the owner. Property shall not

be taken from one owner and transferred to another on the

grounds that the public will benefit from a more profitable

private use. Whenever an attempt is made to take private

property for a use alleged to be public, the question of

whether the contemplated use is really public shall be a

judicial question and determined as such without regard to any

legislative assertion that the use is public.

"

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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