SENATE JOINT RESOLUTION 15

BY  SORENSON

SENATE JOINT RESOLUTION

A Joint Resolution proposing an amendment to the Constitution of the State of Iowa relating to the use of eminent domain.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

   Section 1.  The following amendment to the Constitution of the State of Iowa is proposed:
   Section 18 of Article I of the Constitution of the State of Iowa, as amended by the Amendment of 1908, is repealed and the following adopted in lieu thereof:
   Eminent domain.  SEC. 18.  Private property shall not be taken for a public use, for a public purpose, or for a public improvement. The acquisition of private property for a public use, for a public purpose, or for a public improvement shall only occur upon consent of the property owner. The state or a political subdivision of the state shall not assist the government of the United States in any action to take private property for a public use, for a public purpose, or for a public improvement without the consent of the property owner.
   Sec. 2.
  PUBLICATION AND REFERRAL TO NEXT GENERAL ASSEMBLY.
  The foregoing proposed amendment to the Constitution of the State of Iowa is referred to the general assembly to be chosen at the next general election for members of the general assembly, and the secretary of state is directed to cause the proposed amendment to be published for three consecutive months previous to the date of that election as provided by law.
EXPLANATION
   This joint resolution proposes an amendment to the Constitution of the State of Iowa by providing that private property shall not be taken for a public use, for a public purpose, or for a public improvement. The resolution also provides that the acquisition of private property for a public use, for a public purpose, or for a public improvement shall only occur upon consent of the property owner. The resolution prohibits the state or a political subdivision from assisting the government of the United States in any action to take private property for such purposes without the consent of the property owner.
   The resolution, if adopted, would be published and then referred to the next general assembly (85th) for adoption, before being submitted to the electorate for ratification.