Louisiana Expropriated Property, Amendment 8 (2010)

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Louisiana Constitution
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A Louisiana Expropriated Property, Amendment 8, also known as Act 1052, was on the November 2, 2010 ballot in the state of Louisiana as a legislatively-referred constitutional amendment where it was approved.

This measure allowed for public agencies which expropriated a property due to its threat to public health, to opt out of offering to sell the property back to the previous owner.[1]

This measure was proposed by Walt Leger, III a member of the Louisiana House of Representatives.[2]

Election results

See also: 2010 ballot measure election results
Louisiana Amendment 8 (2010))
ResultVotesPercentage
Approveda Yes 569,082 51%
No538,80149%

Official results via Louisiana Elections Division.

Text of measure

The ballot text read as follows:[3]

Provides that property expropriated for the public purpose of removing a threat to public health or safety caused by the existing use or disuse of the property shall not be subject to the requirement of offering the property back to the original owner who allowed the property to become a threat to public health or safety or to the requirement of public sale. (Amends Article I, Section 4(H)(1))

Constitutional changes

The measure amended Article 1, Section 4(H)(1) of the Louisiana Constitution.[1]

Support

The Police Jury Association of Louisiana and the Louisiana Municipal Association both supported the measure, notably because it would help lead to development of hurricane hit areas, especially New Orleans.[4]

The Mayor of New Orleans also supported the measure. The mayor argued that with the approval of the measure it would ensure easier access to developers to rebuild cities like New Orleans. The concern was over vacant properties which otherwise could not be developed. This measure, said the mayor, would be beneficial to the rebirth of the city.[5]

Opposition

Opponents of the measure said they it as a means to diminish property owner's rights because it would allow the government more authority to take property from residents. In the wake of hurricane recovery, the measure allow the government to take property from people who did not have the legal means to fight it, they argued. Though supporters argued that it would speed up recovery efforts, opponents said it would also take away any means people would have to keep their former land. At the time of the 2010 election the law required that appropriate compensation be given and a person be allowed to refuse to give up their property. This amendment would eliminate those rules, said opponents.[6]

Media editorial positions

See also: Endorsements of Louisiana ballot measures, 2010

Support

  • The Advocate was in support of this measure because it better enabled the state to obtain parcels of land and to help develop hurricane hit areas more efficiently.[7]

Opposition

  • The Shreveport Times was against this measure because it did not offer the original property owner the first right to keep the land and would do away with any sort of public bidding process for the land.[8]

Path to the ballot

See also: Louisiana legislatively-referred constitutional amendments

In order to qualify for the ballot the proposed measure required the approval of 2/3rds of the members of both houses of the Louisiana State Legislature.

See also

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