HJR 1569

1
House Joint Resolution
2A joint resolution proposing an amendment to Section 6 of
3Article X of the State Constitution relating to eminent
4domain.
5
6Be It Resolved by the Legislature of the State of Florida:
7     That the following amendment to Section 6 of Article X of
8the State Constitution is agreed to and shall be submitted to
9the electors of this state for approval or rejection at the next
10general election or at an earlier special election specifically
11authorized by law for that purpose:
12
ARTICLE X
13
MISCELLANEOUS
14     SECTION 6.  Eminent domain.--
15     (a)  No private property shall be taken except for a public
16purpose and with full compensation therefor paid to each owner
17or secured by deposit in the registry of the court and available
18to the owner.
19     (b)  Provision may be made by law for the taking of
20easements, by like proceedings, for the drainage of the land of
21one person over or through the land of another.
22     (c)  Private property taken by eminent domain pursuant to a
23petition to initiate condemnation proceedings filed on or after
24January 2, 2007, may not be conveyed to a natural person or
25private entity except as provided by general law passed by a
26three-fifths vote of the membership of each house of the
27Legislature.
28     BE IT FURTHER RESOLVED that the following statement be
29placed on the ballot:
30
CONSTITUTIONAL AMENDMENT
31
ARTICLE X, SECTION 6
32     EMINENT DOMAIN.--Proposing an amendment to the State
33Constitution to prohibit the transfer of private property taken
34by eminent domain to a natural person or private entity;
35providing that the Legislature may by general law passed by a
36three-fifths vote of the membership of each house of the
37Legislature permit exceptions allowing the transfer of such
38private property; and providing that this prohibition on the
39transfer of private property taken by eminent domain is
40applicable if the petition of taking that initiated the
41condemnation proceeding was filed on or after January 2, 2007.


CODING: Words stricken are deletions; words underlined are additions.