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Louisiana Property Rights Compensation Act, Amendment 4 (September 2006)

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Louisiana Constitution
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Preamble
Articles
IIIIIIIVVVIVIIVIIIIXXXIXIIXIIIXIV
Louisiana Amendment 4 (Primary), also known as the Compensation Paid for Taking of, or Loss or Damage to Property Rights 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 4, Primary
ResultVotesPercentage
Approveda Yes 380,598 61%
No245,63539%

Text of measure

The language that appeared on the ballot:

To be considered in the September 30, 2006 primary election. To provide that compensation paid for the taking of, or loss or damage to, property rights affected by the construction, enlargement, improvement, or modification of hurricane protection projects, including mitigation related thereto, shall be limited to the compensation required by the Fifth Amendment of the United States Constitution; to provide an exception for the taking of buildings or structures destroyed or damaged by an event for which a presidential declaration of major disaster or emergency was issued, if the taking occurs within three years of such event; and to authorize the legislature by law to provide procedures and definitions for these requirements. (Amends Article VI, Section 42(A); Adds Article I, Section 4(G)) SENATE BILL NO. 27, REGULAR SESSION, 2006

Present Constitution provides that every person has the right to acquire, own, control, use, enjoy, protect and dispose of private property subject to reasonable statutory restrictions and reasonable exercise of the police power.

Present Constitution further 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.

Present Constitution further provides that the legislature may place limitations on the extent of recovery for the taking of, or loss or damage to, property rights affected by coastal wetlands conservation, management, preservation, enhancement, creation or restoration activities.

Proposed Constitutional Amendment retains present law and provides that compensation paid for the taking of, or loss or damage to, property rights for the construction, enlargement, improvement, or modification of hurricane protection projects, including mitigation, shall not exceed the compensation required by the Fifth Amendment of the Constitution of the United States of America (just compensation). Further provides that this proposed constitutional amendment shall not apply to compensation paid for a building or structure that was destroyed or damaged by an event for which a presidential declaration of major disaster or emergency was issued, if the taking occurs within 3 years of such event. Also provides that the legislature may provide by law for the procedures and definitions for the provisions of this proposed constitutional amendment.

Present Constitution provides that land and improvements actually used or destroyed for levees or levee drainage purposes shall be paid for as provided by law and that nothing contained in the present constitutional provision with respect to compensation for lands and improvements shall apply to batture or to property the control of which is vested in the state or any political subdivision for the purpose of commerce. Further provides that a district shall levy on all taxable property within the district a tax sufficient to pay for property used or destroyed to be used solely in the district where collected if the district has no other funds or resources from which the payment can be made.

Proposed Constitutional Amendment retains present law and provides that payment for lands and improvements actually used or destroyed in the construction, enlargement, improvement, or modification of hurricane protection projects, including mitigation, shall not exceed the amount of compensation authorized under the proposed constitutional amendment, Article I, Section 4(G) (just compensation).

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