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It included not only legislative action, but
also judicial action, administrative action
and any other action you can conceive of.
There is no question about it, our intent
was to make it as broad as possible. We
thought we were less restrictive than the
draft. We thought about that carefully.
DELEGATE BAMBERGER: I take it
the answer to the question is that you did
intend to prohibit excessive fines or cruel
and unusual punishment by law as well as
by a court?
DELEGATE KIEFER: You are correct.
THE CHAIRMAN: Any other amend-
ments to section 8? If not, we will move on
to section 9. There is a minority report with
respect to section 9. The Chair recognizes
Delegate Weidemeyer to present the minor-
ity report and, without in the slightest way
intending to suggest that the presentation
be curtailed, the Chair nevertheless requests
that it be made as brief as possible to an
understanding of the subject matter and
hopefully it could be very brief.
(Laughter.)
DELEGATE H. TAYLOR: Mr. Chair-
man.
THE CHAIRMAN: Delegate Taylor.
DELEGATE H. TAYLOR: While Dele-
gate Weidemeyer is going to the podium,
I would like to say in the interest of saving
time, I talked Lloyd Taylor from moving
for reconsideration of the last amendment
we voted down.
(Laughter.)
THE CHAIRMAN: I thank both of you.
THE CHAIRMAN: Delegate Weide-
meyer.
DELEGATE WEIDEMEYER: Mr.
President, and members of the Committee, I
intend to make this as brief as this subject
can be made. In fact, I have not arranged
for the usual fellows to follow me and take
up the time. I think that when I get through
the Chair can then open it up to full debate
on the subject.
I might say that the delegates on this
minority report are not opposed to the lan-
guage in sub-section B of section 9 which
provides that "private property shall not be
taken or damaged for public use or pur-
poses without just compensation."
However, that opens up another area,
and, as you know, not all private property
is taken by the public for public use, but
there are instances when private corpora-
tions, public utilities, and others are au-
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thorized by the legislature to condemn prop-
erty.
Now, when we get into that area, I think
that there should be some restriction, and if
you will notice, there should be some re-
you will notice, our amendment or our
minority report has all the wording of the
amendment, that no general or indefinitely
continuing authority shall hereafter be
granted which authorizes the taking or dam-
aging of private property by private per-
sons, firms, or corporations for any public
use or purpose...Any such specific authority
hereafter granted shall be limited to a
specific purpose or purposes and shall be
exercisable during such period of time that
may be necessary to acquire the property
by condemnation. Such period shall for no
event extend for longer than three years.
In granting any such specific authority the
advance taking of property shall not be
preferred but may be exercised only upon
the showing of an immediate and urgent
necessity."
Briefly, that means this. I think I ex-
pressed some concern to you, because of
the limitations of powers in the state gov-
ernment and reservation of powers to the
local subdivisions. Those powers that are
not specifically retained by the State, I
think under the local government provi-
sion, are retained in the counties. It occurs
to me that probably the right of eminent
domain which was exercisable formerly only
by the sovereign State might then be con-
verted and reside in those local subdivi-
sions.
Whether that is true or not, certainly the
restriction should apply to the state legisla-
ture. If it applied to those local subdivisions
I can easily see that in the years to come
and within the next few years when charter
governments are forced upon all of these
local subdivisions which do not now have
it, there could become instances where pri-
vate persons or private corporations might
want to get eminent domain powers for
public purposes.
Where would that occur? In some coun-
ties, say for example, that we had a health
situation where the county felt that it was
immediate and urgent and something should
be done in order to provide water and
sewer facilities. Yet the county might not
want to go into that area, but it might
have a private corporation that would go
in and furnish those needed things for
water and sewage.
Now, I have provided in this amendment
that what is known as the "quick take"
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