South Carolina General Assembly
116th Session, 2005-2006

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Bill 1031

Indicates Matter Stricken
Indicates New Matter


(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

Indicates Matter Stricken

Indicates New Matter

COMMITTEE AMENDMENT ADOPTED

February 7, 2006

S. 1031

Introduced by Senators Campsen, McConnell, Martin, Peeler, Bryant, Mescher, Grooms, Hayes, Ryberg, Richardson, Fair, Leatherman, Alexander, Scott, Gregory, Thomas, Courson, O'Dell, Ritchie, Verdin, Leventis and Ford

S. Printed 2/7/06--S.

Read the first time January 10, 2006.

            

A JOINT RESOLUTION

PROPOSING AN AMENDMENT TO SECTION 13, ARTICLE I OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE TAKING OF PRIVATE PROPERTY, SO AS TO PROVIDE A DEFINITION OF PUBLIC USE.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION    1.    It is proposed that Section 13, Article I of the Constitution of this State be amended to read:

"Section 13.    Except as otherwise provided in this Constitution, private Private property shall not be taken for private use without the consent of the owner, nor for public use without just compensation being first made therefor for the property. Property condemned by eminent domain must be acquired for a right of public use. A mere public purpose or public benefit, including, but not limited to, the purpose or benefit of economic development, does not constitute the requisite public use for property to be condemned by eminent domain."

SECTION    2.    The proposed amendment in SECTION 1 must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballot:

"Must Section 13, Article I of the Constitution of this State be amended so as to specify that in order for private property to be condemned by eminent domain, the property must be acquired for a right of public use and that a mere public purpose or public benefit, including, but not limited to, the purpose or benefit of economic development, does not constitute the requisite public use for property to be condemned by eminent domain?

Yes    []

No    []

Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'."

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