HOUSE JOINT RESOLUTION 7

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

INTRODUCED BY

Larry A. Larrañaga

A JOINT RESOLUTION

PROPOSING AN AMENDMENT TO ARTICLE 2, SECTION 20 OF THE CONSTITUTION OF NEW MEXICO TO PROHIBIT THE TAKING OF PRIVATE PROPERTY BY EMINENT DOMAIN FOR PRIVATE OWNERSHIP OR USE.

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 the state of New Mexico to read:

          "A. Private property shall not be taken or damaged for public use without just compensation.

          B. Private property shall not be taken for use by a private commercial enterprise or for any other private use, for economic development or for the purpose of raising the taxable value of the property.

          C. 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 better planned or 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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