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Florida Amendment 8, Transfer of Property Taken Through Eminent Domain Amendment (2006)

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Florida Amendment 8

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Election date

November 7, 2006

Topic
Eminent domain policy and Property
Status

ApprovedApproved

Type
Legislatively referred constitutional amendment
Origin

State legislature



Florida Amendment 8 was on the ballot as a legislatively referred constitutional amendment in Florida on November 7, 2006. It was approved.

A “yes” vote supported prohibiting the transfer of property taken through eminent domain to a private party unless approved by the Legislature.

A “no” vote opposed prohibiting the transfer of property taken through eminent domain to a private party unless approved by the Legislature.


Election results

Florida Amendment 8

Result Votes Percentage

Approved Yes

3,047,420 69.05%
No 1,365,950 30.95%
Results are officially certified.
Source


Text of measure

Ballot title

The ballot title for Amendment 8 was as follows:

Proposing an amendment to the State Constitution to prohibit the transfer of private property taken by eminent domain to a natural person or private entity; providing that the Legislature may by general law passed by a three-fifths vote of the membership of each house of the Legislature permit exceptions allowing the transfer of such private property; and providing that this prohibition on the transfer of private property taken by eminent domain is applicable if the petition of taking that initiated the condemnation proceeding was filed on or after January 2, 2007.

Full Text

The full text of this measure is available here.


Constitutional changes

The text of the amendment read:

SECTION 6.Eminent domain.—

(a)No private property shall be taken except for a public purpose and with full compensation therefor paid to each owner or secured by deposit in the registry of the court and available to the owner.

(b)Provision may be made by law for the taking of easements, by like proceedings, for the drainage of the land of one person over or through the land of another.

(c) Private property taken by eminent domain pursuant to a petition to initiate condemnation proceedings file donor after January 2, 2007, may not be conveyed to a natural person or private entity except as provided by general law passed by a three-fifths vote of the membership of each house of the Legislature.

Path to the ballot

See also: Amending the Florida Constitution

A 60% vote was required during one legislative session for the Florida State Legislature to place a constitutional amendment on the ballot. That amounted to a minimum of 51 votes in the Florida House of Representatives and 18 votes in the Florida State Senate, assuming no vacancies. Amendments did not require the governor's signature to be referred to the ballot. Amendments on the ballot required a simple majority vote in this year.

See also


External links

Footnotes