SENATE PROTECTS THE RIGHTS OF PRIVATE PROPERTY

FOR IMMEDIATE RELEASE

Contact: Senator Dick Green

(603) 271 – 2111

Contact: Senator David Gottesman

(603) 271 - 2609

April 20, 2006

Concord , NH Today members of the New Hampshire State Senate moved to protect private property and limit the circumstances by which property could be taken by eminent domain. Constitutional Amendment 30(CACR30) provides that a person’s property shall not be taken by eminent domain if the taking is for private benefit.

CACR 30 prohibits the use of eminent domain for private use. This legislation came out of the Senate President’s Task Force to StudyEminent Domain and will specifically define “public use” to prevent a situation where property is taken and then put to private use. Senator Dick Green (R- Rochester) commented, “This Constitutional amendment limits the taking of private property. It clearly defines that any type of acquisition of land needs to be done with the intent to use it for public benefit. Any land taken for private use will become illegal if adopted by the New Hampshire voter in the coming fall elections.”

New Hampshire cities and towns should not be permitted to force landowners to sell their land below market value with threats of eminent domain. The authority for eminent domain must be used in a prudent manner and with public comment.

Senator David Gottesman (D- Nashua) concluded, “It is up the voters in the fall elections to ultimately decide on CACR 30. We, the Senate, want to make sure that the public has the opportunity to decide on how land is taken through eminent domain process. Our biggest worry is that family homes are demolished to make way for a private development. CACR 30 gives piece of mind to everyone in New Hampshire that property will not be taken away for non-public uses.”