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.