SENATE CONCURRENT RESOLUTION NO. 402

(By Senators Barnes, Guills, Caruth, Lanham, Weeks, Yoder, Sprouse, Deem, Minear, Harrison, McKenzie and Boley)




Expressing the Legislature's intent to protect the rights and security of citizens with respect to private property by enacting legislation or proposing a constitutional amendment during the 2006 Regular Session to prohibit the State of West Virginia and its political subdivisions from taking private property through the process of eminent domain for the purpose of private economic development.

Whereas, The institution of private property is one of the cornerstones of our society and the foundation of our nation's prosperity ; and

Whereas, Owning property provides security and continuity for our families and is our nation's indispensable motivator for achievement and prosperity; and

Whereas, The Legislature recognizes that the legitimate role of government is to defend these principles rather than to erode them; and

Whereas, No private property should be taken by the State of West Virginia or its political subdivisions through the process of
eminent domain unless there is a legitimate public interest and no feasible alternative exists; therefore, be it
Resolved by the Legislature of West Virginia:

That the Legislature hereby expresses its intent to protect the rights and security of citizens with respect to private property by enacting legislation or proposing a constitutional amendment during the 2006 Regular Session to prohibit the State of West Virginia and its political subdivisions from taking private property through the process of eminent domain for the purpose of private economic development.