Eminent Domain / Takings


This is a proposed amendment to the Constitution.

1. The power of eminent domain shall be limited to actual, direct and specific use for purposes by the government, for which just and fair compensation according to private valuation shall be paid; nor shall eminent domain be invoked as a tool to benefit, directly or indirectly, any other private party, regardless of any perceived public or private benefit, nor in retaliation for lawful actions by its owner, nor shall any property thus taken be subsequently granted by any instrument or device to a private party.
2. No private property shall be subject to civil or criminal forfeiture, except upon the preponderance of evidence presented to a jury by the person or entity seeking to effect such forfeiture, and proving the property has been acquired or used in a civil or criminal wrong for which a jury has already rendered a verdict of guilt or culpability.
3. This article shall be inoperative unless it shall have been ratified as an amendment by the several States, as provided in the Constitution.

Published on July 8, 2010 at 7:10 am  Leave a Comment  

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