HOUSE JOINT RESOLUTION NO. 103
(By Delegate Poling)
[Introduced January 25, 2006; referred to the Committee on
Constitutional Revision then the Judiciary.]
Proposing an amendment to the Constitution of the State of West
Virginia, amending section nine, article three thereof,
relating to limiting the taking of private property for
necessary public uses only; numbering and designating such
proposed amendment; and providing a summarized statement of
the purpose of such proposed amendment.
Resolved by the Legislature of West Virginia, two thirds of
the members elected to each house agreeing thereto:
That the question of ratification or rejection of an amendment
to the Constitution of the State of West Virginia be submitted to
the voters of the State at the next general election to be held in
the year two thousand six, which proposed amendment is that section
nine, article three thereof, be amended to read as follows:
ARTICLE III. BILL OF RIGHTS.
§9. Private property, how taken.
Private property shall not be taken or damaged for public use,
without just compensation; nor shall the same be taken by any
company, incorporated for the purposes of internal improvement,
until just compensation shall have been paid, or secured to be
paid, to the owner; and when private property shall be taken, or
damaged for public use, or for the use of such corporation, the
compensation to the owner shall be ascertained in such manner as
may be prescribed by general law: Provided, That when required by
either of the parties, such compensation shall be ascertained by an
impartial jury of twelve freeholders.
The State of West Virginia or any political subdivision
thereof may not take private property to advantage one private
property owner over another and may only take private property when
it is necessary for a public use. The term public use shall only
mean the possession, occupation, and enjoyment of the land by the
general public or by public agencies; or the use of land for the
creation or functioning of public utilities; the acquisition of
property to cure a concrete harmful effect of the current use of
land, including the removal of public nuisances, structures that
are beyond repair or that are unfit for human habitation or use.
The public benefits of economic development, including an increase
in tax base, tax revenues, employment and general economic health
do not constitute a public use.
Resolved further, That in accordance with the provisions of article eleven, chapter three of the Code of West Virginia, one
thousand nine hundred thirty-one, as amended, such proposed
amendment is hereby numbered "Amendment No. 1" and designated as
the "Protection of Private Property Amendment" and the purpose of
the proposed amendment is summarized as follows: "The purpose of
this amendment is to
limit the taking of private property for
necessary public uses only
."
NOTE: The purpose of this resolution is to limit the taking of
private property by the State of West Virginia or its political
subdivisions to those instances where it is necessary for public
use.
Strike-throughs indicate language that would be stricken from
the present Constitution, and underscoring indicates new language
that would be added.