Sunday, March 20, 2022

Senate Passes Eminent Domain Restrictions

 Lieutenant Governor Delbert Hosemann issued the following statement Thursday. 

The Mississippi Senate took a step toward further protecting citizens’ property rights today.

 

Senators voted unanimously to suspend legislative deadlines to clear the path for legislation which would codify Article 3, Section 17A of the Mississippi Constitution. The constitutional provision prohibits the state or local governments from taking private property through eminent domain and conveying it to private entities for a period of 10 years. Exemptions are provided for levee facilities, road, bridge, ports, airports, common carriers, drainage facilities and utilities. 

 

Senators Briggs Hopson, Dennis DeBar, and Tyler McCaughn initially co-authored Senate Concurrent Resolution 583.

 

“This legislation will confirm again our citizens’ clear voice in the Constitution that property rights are sacred in Mississippi,” Lt. Governor Delbert Hosemann said. 

 

23 comments:

someone said...

I hope the FERC and the natural gas industry are not an exemption. The federal government, FERC, state governments, and courts have colluded with the natural gas industry to rip off private landowners in the USA for over 44 Billion for underground natural gas storage.

Anonymous said...

Didn't the citizens already pass an amendment to do exactly this? I remember Haley fought it pretty hard.

Anonymous said...

Attn 12:36 PM What a lot of people don’t understand is, the longer they stay in session wasting time, the more these legislators get to drink and eat free and collect per diem money. I hope this helps explain why the poorest state in the union keeps paying and paying.

Bill Dees said...

Why would condemnation of private property for sale to a private person or entity for levee purposes be exempted from the prohibition? Someone should look at who owns the land that will be waterfront property if the State condemns property for the One Lake project on the Pearl River near Jackson.

Anonymous said...

Attn 1:08. I grew up in theGreenville Ms. area. As a youth, you couldn’t give land away inside of the levee. Now, after the increased popularity of deer hunting and other types of hunting (deer and duck etc.) and fishing along the Mississippi River, it has become very expensive to buy land inside the levee, and there are hundreds of hunting and fishing camps and elevated lodges. Also, I am hearing the wild hogs like it also.

Anonymous said...

I would guess this is about saving face after they voted nearly unanimously to create a 3 state pact that could use imminent domain to seize private property. The House Freedom caucus actually read the bill and got it defeated. Senators had egg on their face, thus this bill.

Anonymous said...

This was already part of the state constitution, what is the effect of codifying it in statute?

Anonymous said...

2:55
The Freedom Caucus (what’s left of em) is a waste of Representation for their areas! They are ineffective in the House!

Anonymous said...

2:55, who sponsored the bill?

Anonymous said...

3:35, yes, we voted on it about ten years back. Pandering?

Anonymous said...

Ha. That constitutional amendment, adopted through the citizen initiative process is void, just like medical marijuana

Dumb (legally wrong) Mississippi Supreme Court ruing — killing voter initiatives for pure political purposes

Our Supreme Court is result oriented , only slightly interested in precedent.

Anonymous said...

6:31, it was on the ballot, but was it a placed there by the legislature or the initiative process? So far, all ballot initiatives are still valid. Many were put on the ballot by the legislature.

Anonymous said...

Supreme Court was clearly wrong on the MM issue, not that I care about MM. Good example of why you don’t elect Supreme justices. Anyway, this language is already in the constitution.

Anonymous said...

12:24, you need to check out the definition of federal premption.

Anonymous said...

Based on judicial precedent from the state supreme court, any constitutional amendment adopted by the initiative and referendum process won't survive a legal challenge as long as the basis of the challenge is that Mississippi has four congressional districts rather than five. Lawmakers are attempting to put this into state law in case the amendment is challenged and overturned. It's a smart idea.

Kingfish said...

Why was Supreme Court "clearly" wrong?

Anonymous said...

I think the Supreme Court was correct in their ruling. I also think the Legislature knew exactly what they were doing when they came up with the initiative process. They were pretty damn sure we would lose a seat in Congress so they wrote a repealer into the process. 10 years and it turns to s pumpkin. It just took longer.
Farm Bureau leaned on the Senate to pass this bill because they don't want any more Nissan Plants. (That didn't work either.)

Anonymous said...

Appears that the Freedom Caucus is far more effective that one is willing to acknowledge. They got eminent domain torpedoed, didn't they?

Anonymous said...

Just so I can understand: When Biden cancelled Keystone which used eminent domain to take away US citizens' property rights in order to allow Canada to build a pipeline the length of our country for transport of Canada's oil to be sold to Canada's customers, why were Republicans upset?

Anonymous said...

Is the purpose of this to make sure we never get anything like the Nissan plant again?

Anonymous said...

Good bad or indifferent it doesn't matter. Bill Gates is everyones silent Daddy ! Soros is your Grandaddy and Aunt Nancy is your ummmm Aunt. Point ? Our parents gave up your right to say long ago. You just think you are a free person.

Don Drane said...

What's new about the legislature spending time (and wasting OUR money) on something that's already law to begin with?

That's exactly what they did in passing a state equal-pay act which has been federal law since 1965. If you were born in 1965, you're 57 years old and so is the federal law making it illegal to pay people differently for the same work and qualifications based on their sex. Yet a bill advocating this redundancy was dropped, came out of committee, passed a floor vote, gained favor in the other chamber and went to the governor who signed it.

Anonymous said...

"Supreme Court was clearly wrong on the MM issue." <8:31>

Please state your case. And while you're at it, you must acknowledge that 'it' was NOT an MM issue, but a Ballot and Initiative issue.

My case, if explained, would be: Given that the B&I process was fatally flawed, anything that passed, using that process, cannot stand. That's my case. What's yours?

Disclaimer: I can smoke a fat one either medically or recreationally.



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