Senate Joint Resolution 15 - Introduced SENATE JOINT RESOLUTION 15 BY SORENSON SENA TE JOINT RESOLUTION A Joint Resolution proposing an amendment to the Constitution 1 of the State of Iowa relating to the use of eminent domain. 2 BE IT RESOLVED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 2616XS (5) 84 md/rj
S.J.R. 15 Section 1. The following amendment to the Constitution of 1 the State of Iowa is proposed: 2 Section 18 of Article I of the Constitution of the State of 3 Iowa, as amended by the Amendment of 1908, is repealed and the 4 following adopted in lieu thereof: 5 Eminent domain. SEC. 18. Private property shall not be 6 taken for a public use, for a public purpose, or for a public 7 improvement. The acquisition of private property for a public 8 use, for a public purpose, or for a public improvement shall 9 only occur upon consent of the property owner. The state 10 or a political subdivision of the state shall not assist the 11 government of the United States in any action to take private 12 property for a public use, for a public purpose, or for a 13 public improvement without the consent of the property owner. 14 Sec. 2. PUBLICATION AND REFERRAL TO NEXT GENERAL 15 ASSEMBLY. The foregoing proposed amendment to the Constitution 16 of the State of Iowa is referred to the general assembly to be 17 chosen at the next general election for members of the general 18 assembly, and the secretary of state is directed to cause the 19 proposed amendment to be published for three consecutive months 20 previous to the date of that election as provided by law. 21 EXPLANATION 22 This joint resolution proposes an amendment to the 23 Constitution of the State of Iowa by providing that private 24 property shall not be taken for a public use, for a public 25 purpose, or for a public improvement. The resolution also 26 provides that the acquisition of private property for a public 27 use, for a public purpose, or for a public improvement shall 28 only occur upon consent of the property owner. The resolution 29 prohibits the state or a political subdivision from assisting 30 the government of the United States in any action to take 31 private property for such purposes without the consent of the 32 property owner. 33 The resolution, if adopted, would be published and then 34 referred to the next general assembly (85th) for adoption, 35 -1- LSB 2616XS (5) 84 md/rj 1/ 2
S.J.R. 15 before being submitted to the electorate for ratification. 1 -2- LSB 2616XS (5) 84 md/rj 2/ 2