Private property shall not be taken for public use without just compensation therefore
being first made or secured in a manner prescribed by law. If private property consisting of an
individual’s principal residence is taken for public use, the amount of compensation made and
determined for that taking shall be not less than 125% of that property’s fair market value, in
addition to any other reimbursement allowed by law. Compensation shall be determined in
proceedings in a court of record.
“Public use” does not include the taking of private property for transfer to a private entity
for the purpose of economic development or enhancement of tax revenues. Private property
otherwise may be taken for reasons of public use as that term is understood on the effective
date of the amendment to this constitution that added this paragraph.
In a condemnation action, the burden of proof is on the condemning authority to demonstrate,
by the preponderance of the evidence, that the taking of a private property is for a public use,
unless the condemnation action involves a taking for the eradication of blight, in which case
the burden of proof is on the condemning authority to demonstrate, by clear and convincing
evidence, that the taking of that property is for a public use.
Any existing right, grant, or benefit afforded to property owners as of November 1, 2005,
whether provided by this section, by statute, or otherwise, shall be preserved and shall not be
abrogated or impaired by the constitutional amendment that added this paragraph.