Michigan's Proposal 4 - Vote YES

Proposal 4 reads:

PROPOSAL 06-4
A PROPOSED CONSTITUTIONAL AMENDMENT TO PROHIBIT
GOVERNMENT FROM TAKING PRIVATE PROPERTY BY EMINENT
DOMAIN FOR CERTAIN PRIVATE PURPOSES
The proposed constitutional amendment would:
• Prohibit government from taking private property for transfer to another private
individual or business for purposes of economic development or increasing tax
revenue.
• Provide that if an individual’s principal residence is taken by government for
public use, the individual must be paid at least 125% of property’s fair market
value.
• Require government that takes a private property to demonstrate that the taking
is for a public use; if taken to eliminate blight, require a higher standard of
proof to demonstrate that the taking of that property is for a public use.
• Preserve existing rights of property owners.

Proposal 4 comes out of the recent Supreme Court Kelo v. City of New London decision, which, in brief, held that a government entity could take land from one private person and give it to another private entity if it would be beenficial to the publiuc such as through increased tax revenue.

Naturally this outraged many citizens at the prospect that their homes or business could be taken and given to developers or businesses with more influence over the unit of government that could do the taking.

The proposal not only prohibits such private-government-private transfers but also the government must prove it is being taken for public use and if it is a residence being taken, the government must pay 125% of the fair market value of the property.

While the proposal will certainly slow down some government planning and make condemnation of property more expensive, the resulting benefit to property owner's rights and the peace of mind that your property cannot be taken away to benefit those who have influence with the government is worth it.

Vote YES on Proposal 4