SENATE JOINT RESOLUTION 1

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

INTRODUCED BY

Leonard Lee Rawson

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 New Mexico to read:

          "A. Private property [shall not] may be taken or damaged for public use [without just compensation] only upon payment of just compensation:

                (1) by public agencies when necessary for the possession, occupation or enjoyment of land by the public at large; or

                (2) by public utilities, pipeline common carriers, those seeking to put water to beneficial use.

          B. Private property shall not be taken for use by a private commercial enterprise, for economic development or for any other private use, except with the consent of the owner.

          C. Private 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."

     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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