FOR IMMEDIATE RELASE
PROPERTY PROTECTION ALLIANCE OF NH
CONCORD - Thursday,the New Hampshire State Senate responded to the concerns of New Hampshire property owners and unanimously approved CACR 30, a constitutional amendment that would prohibit eminent domain seizures for the purpose of private development.
The New Hampshire House had already approved the measure by a vote of 266-71, surpassing the two-thirds majority needed to pass.
In the well-publicized case of Kelo et al. v. City of NewLondon, the U.S. Supreme Court held that private property may be taken by eminent domain and transferred to private developers solely to promote economic development. CACR 30 is a direct response to the Kelo decision.
Former State Supreme Court Justice and Congressman Chuck Douglas stated, “This is a victory for homeowners in our State. It is a victory for our voters. We have a chance to let the people of our State show that their property rights will not bestripped away.”
Voters will now decide on whether to amend article 12 of the state constitution, adding the following provision:
[ART.] 12-a [POWER TO TAKE PROPERTY LIMITED]
No part of a person’s property shall be taken by eminent domain and transferred, directly or indirectly, to another person if the taking is for the purpose of private development or other private use of the property
A two-thirds majority of the popular vote in November is needed in order to amend the constitution. Douglas intends on running a statewide campaign for the measure, making property rights a front-and-center issue in the November 2006 election.