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N.H. Lawmakers OK Eminent Domain Limits

Started by Kat Kanning, March 22, 2006, 03:24 PM NHFT

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Kat Kanning

N.H. Lawmakers OK Eminent Domain Limits

26 minutes ago

CONCORD, N.H. - New Hampshire lawmakers gave preliminary approval Wednesday to a constitutional amendment that would limit government's ability to seize private property.
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The measure was prompted by
U.S. Supreme Court ruling last year that allowed New London, Conn., to take a group of older homes along the waterfront and turn them over to a developer who plans to build offices, a hotel and convention center.

The state House and Senate voted overwhelmingly in favor of identical resolutions. For the measure to win approval, both chambers must pick one resolution and pass it.

Then the amendment would be put to a statewide vote, probably in November. Two-thirds approval would be needed for ratification.

The amendment would prohibit the taking of private property for use by private developers.

After the high court's eminent domain ruling, activists tried to seize Supreme Court Justice
David Souter's 200-year-old New Hampshire farmhouse in retaliation for voting with the majority.

Earlier this month, voters in the town of Weare decided to leave Souter's house alone and instead urged the Legislature to take action.

aries

 :)

Kind of a silver lining in the bad results from the votes the other day ... the smoking ban and school age stuff.

If NH ever secedes, please be aware that I will be starting the "Free County Project"  ;)

Pat McCotter


Tunga

Do you know which Amendments they voted to go with? ???

A wolf in sheeps clothing is still a wolf. >:(

Tunga


Tunga

Beagle up on that "private" corportation known as the Internal Revenue Service. ;)

FSPinNY

News like this makes me proud and filled with hope about soon living in New Hampshire. You really got something good going on there.  New York is so far from passing anything like this.  Here in Ithaca, the city is right now, very matter-of-factly planning to use ed against property owners in two instances.

Brian

Tunga

By ANNE SAUNDERS
Associated Press Writer

CONCORD, N.H. (AP) -- A constitutional amendment to limit government's ability to take private land appears headed for a public vote in November.

The House and Senate on Wednesday voted in favor of identical resolutions, easily clearing the three-fifths vote required on constitutional amendments - 277-61 in the House and 20-4 in the Senate.

Even though the measures are identical, legislative rules require that the Senate and House act on each other's resolutions, pick either the Senate- or House-numbered version and pass it through other legislative housekeeping steps before the amendment gets to the voters.

The amendment would add language to the constitution to prohibit the taking of private land for anything except public use, reading: "No part of a person's property shall be taken by eminent domain and transferred, either directly or indirectly, to another person if the taking is for the purpose of private development or other private use of the property."

BaRbArIaN

Of course the cynical view would be that rather than be limited in ED taking of property for development, the Statists will of course start a move to have govt. funded developments for housing, etc. and put it up to the highest bidder to recover the costs.  Plus a hefty mismanagement bonus of course.