Senate Bill sb0626

    Florida Senate - 2006                                  SJR 626

    By Senator Saunders





    37-367-06

  1                     Senate Joint Resolution

  2         A joint resolution proposing an amendment to

  3         Section 6 of Article X of the State

  4         Constitution, relating to eminent domain.

  5  

  6  Be It Resolved by the Legislature of the State of Florida:

  7  

  8         That the following amendment to Section 6 of Article X

  9  of the State Constitution is agreed to and shall be submitted

10  to the electors of this state for approval or rejection at the

11  next general election or at an earlier special election

12  specifically authorized by law for that purpose:

13                            ARTICLE X

14                          MISCELLANEOUS

15         SECTION 6.  Eminent domain.--

16         (a)  No private property shall be taken except for a

17  public purpose and with full compensation therefor paid to

18  each owner or secured by deposit in the registry of the court

19  and available to the owner. If the primary purpose of a taking

20  is for economic development or to benefit a particular class

21  of identifiable individuals, the taking does not constitute a

22  public purpose for which private property may be taken by

23  eminent domain. However, private property may be taken, as

24  authorized by law, for a convention center, sports stadium,

25  sports arena, coliseum, or auditorium if the project is

26  approved by a majority of the voters of each political

27  subdivision where the project is located voting in a

28  referendum held in conjunction with a general election. The

29  primary purpose of a taking is a question of fact, and a

30  determination by an entity that its primary purpose in a

31  taking is not for economic development or to benefit a

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






    Florida Senate - 2006                                  SJR 626
    37-367-06




 1  particular class of identifiable individuals does not create a

 2  presumption with respect to the primary purpose of that

 3  taking.

 4         (b)  Provision may be made by law for the taking of

 5  easements, by like proceedings, for the drainage of the land

 6  of one person over or through the land of another.

 7         BE IT FURTHER RESOLVED that the following statement be

 8  placed on the ballot:

 9                     CONSTITUTIONAL AMENDMENT

10                       ARTICLE X, SECTION 6

11         EMINENT DOMAIN.--Proposing an amendment to the State

12  Constitution to provide that a taking of private property

13  through the exercise of eminent domain does not constitute a

14  public purpose for which property may be taken if the primary

15  purpose of a taking is for economic development or to benefit

16  a particular class of identifiable individuals; to authorize

17  the taking of private property for a convention center, sports

18  stadium, sports arena, coliseum, or auditorium if the project

19  is approved by a majority of the voters of the political

20  subdivision voting in a referendum held in conjunction with a

21  general election; to provide that the primary purpose of a

22  taking is a question of fact; and to provide that a

23  determination by an entity that its primary purpose in a

24  taking is not for economic development or to benefit a

25  particular class of identifiable individuals does not create a

26  presumption with respect to the primary purpose of that

27  taking.

28  

29  

30  

31  

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