HJR5001

The amendment STRENGTHENS the eminent domain restrictions by replacing a prohibition on transfers "solely" for economic development with a broader ban on such transfers "without the provision of a public use," and by adding a new requirement that the government must make a "public declaration" establishing the necessity for taking or damaging property before doing so.

The amendment fundamentally REDIRECTS the bill from broadly prohibiting eminent domain transfers to non-governmental entities for economic development, to instead allowing such transfers when they serve a "public use" purpose—by inserting the word "solely" to permit transfers that have mixed purposes beyond just economic benefit. This substantially weakens the restriction on using eminent domain for economic development by creating a loophole for projects that combine economic benefits with claimed public uses.

The amendment substantially narrowed the resolution by removing the blanket prohibition on transferring private property to non-governmental entities for economic development, and instead replaced it with a more limited clarification that "public use" under eminent domain does not include increases in tax base, revenues, employment, or general economic health. This shifts the bill from a broad ban on economically-motivated takings to a narrower definitional statement about what "public use" means.