Georgia Eminent Domain Reform, Constitutional Amendment 1 (2006)

From Ballotpedia
Jump to: navigation, search
Voting on Property
Property.jpg
Ballot Measures
By state
By year
Not on ballot
Georgia Proposed Constitutional Amendment 1 was on the November 7, 2006 statewide ballot in Georgia as a legislatively-referred constitutional amendment, where it approved.

It reformed the state's eminent domain laws.[1]

The proposal was one of 12 eminent domain-related ballot measures throughout the country on the 2006 ballot.

Election results

Amendment 1
ResultVotesPercentage
Approveda Yes 1,622,403 82.7%
No338,87617.3%

Text of measure

Georgia law requires that when an election will take place on a proposed constitutional amendment, the Attorney General of Georgia, the Georgia Secretary of State and Georgia's Legislative Counsel must provide a neutral summary and explanation of each proposal.

The summary and description are incorporated into a voter guide that voters may consult prior to casting their vote. Copies of the full text of each proposal are kept on file in the office of probate court judge of the probate court where they are available for public inspection.

Summary

Georgia Constitution
Flag of Georgia.png
Preamble
Articles
IIIIIIIVVVIVIIVIIIIXXXI
Proposing an amendment to the Constitution so as to require that the condemnation of property for redevelopment purposes must be approved by vote of the elected governing authority of the county or city in which the property is located; to restrict the use of eminent domain for redevelopment purposes to the elimination of harm; to provide that the use of eminent domain by counties and municipalities shall be subject to limitation by general law; to prohibit the use of eminent domain by certain nonelected local authorities; to provide for submission of this amendment for ratification or rejection; and for other purposes.

Explanation

This proposal provides several limitations with respect to the exercise of the power of eminent domain and the taking of private property for public purposes. The proposal provides that any taking of private property for redevelopment purposes must be approved by vote of the appropriate elected city or county governing authority. The proposal provides that any taking of private property for redevelopment purposes must be for a public use as defined by general state law. The proposal provides that the exercise of eminent domain by cities and counties can be restricted by general state law and that any exercise of eminent domain by a nonelected housing or development authority must be approved by vote of the appropriate elected city or county governing authority.

See also

BallotpediaAvatar bigger.png
Suggest a link

External links

References