HOUSE JOINT RESOLUTION 2

47th legislature - STATE OF NEW MEXICO - second session, 2006

INTRODUCED BY

Al Park

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 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 whether the contemplated use be 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.

- 2 -