Constitutional Amendment.
Amendment ___.
Section 1. Neither the United States, nor any State, shall acquire any right, title, or interest in any real or personal property, except through a voluntary transaction, and by paying a compensation which shall have been agreed to by the free and uncoerced consent of the seller.
Comment. The reference to "real or personal property" deliberately leaves open the possibility of condemnation of intellectual property. [explain]
Section 2. Any owner of real property whose interest is divested involuntarily by eminent domain proceedings within 5 years prior to the effective date of this amendment, shall be entitled, for a period of one year following the effective date of this amendment, to reclaim such interest by returning to the acquiring authority the compensation paid therefor.
Comment. The intent of this section 2 is to discourage a government authority from rushing to condemn property in advance of the passage of this amendment. It may be objected that the condemnor may have improved the property after acquiring it, and that the previous owner would then reap a windfall by re-purchasing it at the unimproved price. But this prospect will also give government officials an incentive to begin working with property owners as equals, and to instill in those officials the respect for private property rights that motivates this amendment. In those cases where the government succeeds in acquiring property voluntarily by making the owner an attractive offer, of course this section 2 will not apply.
Section 3. This amendment shall take effect immediately upon ratification.
Section 4. [Optional] The doctrine of "nullum tempus occurrit regi" (time does not run against the sovereign) is hereby abolished. Private parties shall be entitled to claim property rights by adverse possession against the United States, and against any State, on the same terms, and under the same conditions, as they are entitled to do so against private parties, under the common law of the United States, or of the several States.
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Interim Alternative 1 (Statute or Constitutional Amendment).
Congress [or Legislature] shall not delegate the power of eminent domain to any agency or political subdivision, but each condemnation of property shall be by a special act of Congress [or Legislature].
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Interim Alternative 2 (Statute or Constitutional Amendment).
In any case where it is proposed that rights in real property be acquired by condemnation, the condemnor shall bear the burden of proving, by clear and convincing evidence, that the taking is necessary for a public use, and that the value of such public use outweighs the private benefit of allowing the condemnee to retain the property rights in question. Mere economic benefit to a region or municipality shall not be considered a public use. The condemnee shall be entitled to have the facts in such a matter determined by a jury, and the costs of the proceedings therein, including reasonable attorney fees incurred by the condemnee, shall be paid by the condemnor.
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Interim Alternative 3 (Statute or Constitutional Amendment).
In all cases of condemnation, the condemnor shall not be entitled to possession of the property which is the subject of the condemnation, until such time as the just compensation due to the condemnee has been finally determined by decree or settlement, and such compensation has been paid to the condemnee.
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Amendment ___.
Section 1. Neither the United States, nor any State, shall acquire any right, title, or interest in any real or personal property, except through a voluntary transaction, and by paying a compensation which shall have been agreed to by the free and uncoerced consent of the seller.
Comment. The reference to "real or personal property" deliberately leaves open the possibility of condemnation of intellectual property. [explain]
Section 2. Any owner of real property whose interest is divested involuntarily by eminent domain proceedings within 5 years prior to the effective date of this amendment, shall be entitled, for a period of one year following the effective date of this amendment, to reclaim such interest by returning to the acquiring authority the compensation paid therefor.
Comment. The intent of this section 2 is to discourage a government authority from rushing to condemn property in advance of the passage of this amendment. It may be objected that the condemnor may have improved the property after acquiring it, and that the previous owner would then reap a windfall by re-purchasing it at the unimproved price. But this prospect will also give government officials an incentive to begin working with property owners as equals, and to instill in those officials the respect for private property rights that motivates this amendment. In those cases where the government succeeds in acquiring property voluntarily by making the owner an attractive offer, of course this section 2 will not apply.
Section 3. This amendment shall take effect immediately upon ratification.
Section 4. [Optional] The doctrine of "nullum tempus occurrit regi" (time does not run against the sovereign) is hereby abolished. Private parties shall be entitled to claim property rights by adverse possession against the United States, and against any State, on the same terms, and under the same conditions, as they are entitled to do so against private parties, under the common law of the United States, or of the several States.
--------------------------------------------------------------
Interim Alternative 1 (Statute or Constitutional Amendment).
Congress [or Legislature] shall not delegate the power of eminent domain to any agency or political subdivision, but each condemnation of property shall be by a special act of Congress [or Legislature].
--------------------------------------------------------------
Interim Alternative 2 (Statute or Constitutional Amendment).
In any case where it is proposed that rights in real property be acquired by condemnation, the condemnor shall bear the burden of proving, by clear and convincing evidence, that the taking is necessary for a public use, and that the value of such public use outweighs the private benefit of allowing the condemnee to retain the property rights in question. Mere economic benefit to a region or municipality shall not be considered a public use. The condemnee shall be entitled to have the facts in such a matter determined by a jury, and the costs of the proceedings therein, including reasonable attorney fees incurred by the condemnee, shall be paid by the condemnor.
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Interim Alternative 3 (Statute or Constitutional Amendment).
In all cases of condemnation, the condemnor shall not be entitled to possession of the property which is the subject of the condemnation, until such time as the just compensation due to the condemnee has been finally determined by decree or settlement, and such compensation has been paid to the condemnee.
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posted by Richard at 5:16 PM
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