SENATE JOINT RESOLUTION NO. 8
(By Senators Yoder, Hunter, Sprouse, White, Chafin, Minear,
Weeks, Harrison, Barnes, McKenzie, Dempsey, Deem, Prezioso,
Boley, Love, Sharpe, Guills, Caruth, Plymale, Jenkins, Unger and
Foster)
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[Introduced January 18, 2006; referred to the Committee on the
Judiciary; and then to the Committee on Finance.]
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Proposing an amendment to the Constitution of the State of West
Virginia, amending section nine, article III thereof,
relating to prohibiting the taking of private property for
private use; 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 eight, which proposed
amendment is that section nine, article III thereof be amended, to read as follows:
ARTICLE III.
§9. Private property, how taken.
Private property shall not be taken or damaged for private
use; neither shall 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
based upon the fair market value of the property, 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, and,
in the event the twelve freeholders ascertain that the value of
the property taken exceeds the amount offered to the private
property owner prior to the taking of the property for public
use, then the private property owner shall be made whole for fees
and costs as well as the fair market value of the property.
Resolved further, That in accordance with the provisions of
article eleven, chapter three of the Code of West Virginia, 1931,
as amended, such proposed amendment is hereby numbered "Amendment
No. 1" and designated as the "Prohibit the Taking of Private Property for Private Use Amendment" and the purpose of the
proposed amendment is summarized as follows: "To prohibit the
government from sanctioning and participating in the condemnation
of private property for other private use."
NOTE: The purpose of this resolution is to amend the State
Constitution in order to prohibit the taking of private property
for private use.
Strike-throughs indicate language that would be stricken
from the present Constitution, and underscoring indicates new
language that would be added.