Louisiana Eminent Domain Act, Amendment 5 (September 2006)

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Louisiana Constitution
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Preamble
Articles
IIIIIIIVVVIVIIVIIIIXXXIXIIXIIIXIV
Louisiana Amendment 5 (Primary), also known as the Eminent Domain Act, was on the September 30, 2006 primary election ballot in Louisiana as a legislatively-referred constitutional amendment, where it was approved.[1]

Election results

Amendment 5, Primary
ResultVotesPercentage
Approveda Yes 333,619 55%
No275,38045%

Text of measure

The language that appeared on the ballot:

To be considered in the September 30, 2006 primary election. To prohibit the expropriation of property by the state or a political subdivision of the state for predominant use by or transfer to a private person or entity under certain circumstances; to define "public purposes" relative to the expropriation of property; to provide exceptions for the operation of public ports and airports and for the expropriation of property for industrial development purposes; and to provide for items included in just compensation to be paid to the owner of the expropriated property. (Amends Article I, Section 4(B) and Article VI, Section 21(A); Adds Article VI, Section 21(D))

SENATE BILL NO. 1, REGULAR SESSION, 2006

Present Constitution provides that property shall not be taken or damaged by the state or its political subdivisions except for public purposes and with just compensation paid to the owner or into court for his benefit. Property shall not be taken or damaged by any private entity authorized by law to expropriate, except for a public and necessary purpose and with just compensation paid to the owner; in such proceedings, whether the purpose is public and necessary shall be a judicial question. Further provides that a party in every expropriation has the right to trial by jury to determine compensation and the owner shall be compensated to the full extent of his loss. Also provides that no business enterprise or any of its assets shall be taken for the purpose of operating that enterprise or halting competition with a government enterprise. However, a municipality may expropriate a utility within its jurisdiction. Also provides that this section of this constitution shall not apply to appropriation of property necessary for levee and levee drainage purposes.

Proposed Constitutional Amendment retains existing law and provides that except for purposes of industrial development, establishing and furnishing industrial plants, operation of public ports or providing movable or immovable property for pollution control facilities, property shall not be taken or damaged by the state or its political subdivisions for predominant use by any private person or entity or for the transfer of ownership to any private person or entity.

Proposed Constitutional Amendment limits "public purpose" to the following: (1) a general public right to a definite use of the property; (2) continuous public ownership of property dedicated to one or more of the following objectives and uses, (a) public buildings in which publicly funded services are administered, rendered, or provided, (b) roads, bridges, waterways, access to public waters and lands, and other public transportation, access, and navigational systems available to the general public, (c) drainage, flood control, levees, coastal and navigational protection and reclamation for the benefit of the public generally, (d) parks, convention centers, museums, historical buildings and recreational facilities generally open to the public, (e) public utilities for the benefit of the public generally, (f) public ports and public airports to facilitate the transport of goods or persons in domestic or international commerce; (3) the removal of a threat to public health or safety caused by the existing use or disuse of the property.

Proposed Constitutional Amendment further provides that neither economic development, enhancement of tax revenue, or any incidental benefit to the public shall be considered in determining whether the taking or damaging of property is for a public purpose.

Present Constitution provides in every expropriation that a party has the right to trial by jury to determine compensation and the owner shall be compensated to the full extent of his loss.

Proposed Constitutional Amendment provides that in every expropriation or action to take property, a party has the right to trial by jury to determine whether the compensation is just and the owner shall be compensated to the full extent of his loss. Further provides that the full extent of loss shall include, but not be limited to, the appraised value of the property and all costs of relocation, inconvenience, and any other damages actually incurred by the owner because of the expropriation, except as otherwise provided in this constitution.

Present Constitution provides that any political subdivision, deep-water port commission, or deep-water port, harbor, and terminal district may issue bonds; acquire, through purchase, donation, exchange, and expropriation, and improve industrial plant buildings and industrial plant equipment, machinery, furnishings, and appurtenances; and sell, lease, lease-purchase, or demolish all or any part of the foregoing to: (1) induce and encourage the location of or addition to industrial enterprises which would have economic impact upon the area and the state, (2) provide for the establishment and furnishing of such industrial plant, or (3) provide movable or immovable property for pollution control facilities.

Proposed Constitutional Amendment changes deep-water port commission to public port commission and deep-water port, harbor, and terminal district to public port, harbor, and terminal district. Further provides for the facilitation of the operation of public ports as a reason for authority to take action pursuant to Article VI, Section 21(A), and authorizes any political subdivision, public port commission or public port, harbor, and terminal district to include public port facilities and operations which relate to or facilitate the transportation of goods in domestic and international commerce, in acquiring and improving industrial plant buildings and industrial plant equipment, machinery, furnishings, and appurtenances. Also provides an exception to expropriation for the "bona fide homestead," as defined in this constitution.

See also

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