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drafted it that the General Assembly shall not, then I
wrote it "No general or indefinitely continuing authority
ahall hereafter be granted." I think that language without amendment is
broad enough to cover any possibility of local government
grants of general domain or general assembly, i think it
prohibits both and it was so intended.
It recognizes the right to grant it but it
limits it, it cannot go on. When they give them that
authority to do their condemning, they must limit the
granting of the authority to such time as is reasonably
necessary to condemn for that particular project sa ;.n
any event not to exceed three years.
DELEGATE CLARK: Delegate Macdonald.
DELEGATE MACDONALD: Are public utilities which
have this power today similarly limited?
DELEGATE WEIDEMEYER: I don't think all of them
i are. I think there are some instances in the earlier days
when possibly their authority to condemn is continuing.
And I think some courts have held where the franchise is
sold to another group and the legislature gives consent |