SENATE JOINT RESOLUTION 4

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

INTRODUCED BY

Joseph J. Carraro

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 and in cases where the property to be taken presents a threat to the personal health or safety of members of the public from structures or activities on or in the 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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