HOUSE JOINT RESOLUTION NO. 16
(By Delegates Overington, Schoen, Lane,
Carmichael, Sobonya, Sumner, Walters,
Canterbury, J. Miller and Andes)
[Introduced February 20, 2009; 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 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 ten, which proposed amendment is that section
nine, article three thereof be amended, to read as follows:
ARTICLE III.
ยง9. Private property, how taken.
(a) 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.
(b) Notwithstanding any other provision of law, the State of
West Virginia, or any of its departments, divisions, agencies,
commissions, corporations, boards, authorities, or other entities,
or any municipality or county, or any agency, corporation,
district, board, or other entity organized by or under the control
of any municipality or county in the state and vested by law to any
extent whatsoever with the power of eminent domain, may not condemn
property for the purposes of private retail, office, commercial,
industrial, or residential development; or primarily for
enhancement of tax revenue; or for transfer to a person,
nongovernmental entity, public-private partnership, corporation, or
other business entity. Nothing in this amendment shall limit the
exercise of eminent domain by or for the benefit of public
utilities or other entities engaged in the generation,
transmission, or distribution of telephone, gas, petroleum products, electricity, water, sewer, or other utility products; or
services by or for the benefit of any airport authority for
airport-related activities. Nothing in this amendment shall be
interpreted to prohibit the state or a municipal or county
governing body from exercising the power of eminent domain for the
purpose of constructing, maintaining, or operating streets, roads
or railroads.
(c) Property condemned pursuant to the power of eminent domain
in this state, if not ever used for the purpose or purposes for
which it was condemned, that is subsequently determined to be sold,
shall be first offered for sale to the person or persons from whom
the property was condemned, or his or her known or ascertainable
heirs or assigns, at the price which was paid for the property,
less such amount, if any, as the person or persons from whom the
property was condemned shall show by good and sufficient
documentation to be the amount of income and transaction taxes, if
any, actually paid in connection therewith, and if the offer shall
not be accepted within ninety days from the date it is made, the
property may be sold to any other person, but only at public sale
after legal notice is given.
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 "Prohibiting the Governmental Taking of Private Property for Private Use Amendment" and the purpose of
the proposed amendment is summarized as follows: "To prohibit the
taking of private property for private use."
NOTE: The purpose of this resolution is to amend the State
Constitution 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.