CACR32 (2006) Detail

Relating to eminent domain. Providing that property can only be taken for public benefit other than increased tax revenues.


CACR 32 - AS INTRODUCED

2006 SESSION

06-2082

06/09

CONSTITUTIONAL AMENDMENT

CONCURRENT RESOLUTION 32

RELATING TO: eminent domain.

PROVIDING THAT: property can only be taken for public benefit other than increased tax revenues.

SPONSORS: Rep. Cady, Rock 1; Rep. Newton, Straf 1; Rep. Dumaine, Rock 3; Rep. Souza, Hills 11

COMMITTEE: Judiciary

ANALYSIS

This constitutional amendment concurrent resolution provides that no part of a person’s property shall be taken from such person or applied for public benefit, which shall not include increased tax revenues, without his or her consent or that of the representative body of the people.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

06-2082

06/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Six

CONCURRENT RESOLUTION PROPOSING CONSTITUTIONAL AMENDMENT

RELATING TO: eminent domain.

PROVIDING THAT: property can only be taken for public benefit other than increased tax revenues.

Be it Resolved by the House of Representatives, the Senate concurring, that the

Constitution of New Hampshire be amended as follows:

I. That article 12 of the first part of the constitution be amended to read as follows:

[Art.] 12th. [Protection and Taxation Reciprocal.] Every member of the community has a right to be protected by it, in the enjoyment of his or her life, liberty, and property; he or she is therefore bound to contribute his or her share in the expense of such protection, and to yield his or her personal service when necessary. But no part of a [man’s] person’s property shall be taken from [him] such person, or applied [to] for public [uses] benefit, which shall not include increased tax revenues, without his or her own consent, or that of the representative body of the people. Nor are the inhabitants of this state controllable by any other laws than those to which they, or their representative body, have given their consent.

II. That the above amendment proposed to the constitution be submitted to the qualified voters of the state at the state general election to be held in November, 2006.

III. That the selectmen of all towns, cities, wards and places in the state are directed to insert in their warrants for the said 2006 election an article to the following effect: To decide whether the amendments of the constitution proposed by the 2006 session of the general court shall be approved.

IV. That the wording of the question put to the qualified voters shall be:

“Are you in favor of amending article 12 of the first part of the Constitution to provide that private property can only be taken as follows:

[Art.] 12th. [Protection and Taxation Reciprocal.] Every member of the community has a right to be protected by it, in the enjoyment of his or her life, liberty, and property; he or she is therefore bound to contribute his or her share in the expense of such protection, and to yield his or her personal service when necessary. But no part of a person’s property shall be taken from such person, or applied for public benefit, which shall not include increased tax revenues, without his or her own consent, or that of the representative body of the people. Nor are the inhabitants of this state controllable by any other laws than those to which they, or their representative body, have given their consent.”

V. That the secretary of state shall print the question to be submitted on a separate ballot or on the same ballot with other constitutional questions. The ballot containing the question shall include 2 squares next to the question allowing the voter to vote “Yes” or “No.” If no cross is made in either of the squares, the ballot shall not be counted on the question. The outside of the ballot shall be the same as the regular official ballot except that the words “Questions Relating to Constitutional Amendments proposed by the 2006 General Court” shall be printed in bold type at the top of the ballot.

VI. That if the proposed amendment is approved by 2/3 of those voting on the amendment, it becomes effective when the governor proclaims its adoption.

Links

CACR32 at GenCourtMobile

Action Dates

Date Body Type

Bill Text Revisions

CACR32 Revision: 9363 Date: Jan. 21, 2010, midnight

Docket