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HJR 5001 - Amends the State Constitution to Restrict Eminent Domain Use - South Dakota Key Vote

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Title: Amends the State Constitution to Restrict Eminent Domain Use

Vote Smart's Synopsis:

Vote to adopt a joint resolution that amends the state constitution to restrict eminent domain use in South Dakota.

Highlights:

  • Specifies that the following provisions will be presented to the electorate as a Constitutional amendment at the next general election (Sec. 1).

  • Requires a public declaration establishing necessity for the seizure of private property for public use (Sec. 2).

  • Prohibits private property from being transferred to a non-governmental body solely to promote economic development or increase tax revenue without a public use (Sec. 2).

  • Prohibits potential benefits derived from the property from impacting the compensation for the owner’s seized or damaged property (Sec. 2).

NOTE: AN AMENDMENT TO THE CONSTITUTION REQUIRES MAJORITY APPROVAL IN EACH CHAMBER FOR PASSAGE. AN AMENDMENT MAY ALSO BE PROPOSED BY INITIATIVE PETITION. IT MUST THEN BE APPROVED BY A MAJORITY OF CITIZENS VOTING IN THE NEXT ELECTION TO BECOME ENACTED.

Full Bill Text

Title: Amends the State Constitution to Restrict Eminent Domain Use

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