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.165460.1

SENATE JOINT RESOLUTION 8

48

TH LEGISLATURE

- STATE OF NEW MEXICO -

FIRST SESSION

, 2007

INTRODUCED BY

Joseph J. Carraro

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:

(1) when necessary for the possession,

occupation or enjoyment of land by the public at large;

(2) by public agencies, except as set forth

in Subsection B of this section; and

(3) only upon payment of just compensation.

B. Except for privately owned common carriers,

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.165460.1

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. 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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