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I am sure if you want to go into the
area of damages, that there are other mem-
bers on our Committee that will be glad to
answer the questions for you.
I am sure that Delegate Burgess and
Delegate Kiefer will be able to supply you
with all the information that you need.
DELEGATE J. CLARK (presiding) :
Delegate Koss.
DELEGATE KOSS: Delegate Weide-
meyer, it is my understanding that there
are a number of private companies that
now have the right of eminent domain that
is granted almost on a permanent basis. Is
there any way that the General Assembly
can restrict that power?
DELEGATE J. CLARK (presiding):
Delegate Weidemeyer.
DELEGATE WEIDEMEYER: No, then
you get into the other provision that there
should be no impairment in the obligation
of a contract.
DELEGATE J. CLARK (presiding):
Delegate Koss.
DELEGATE KOSS: In the unlikely cir-
cumstance, for example, that a competing
power company would like to offer its serv-
ice in an area covering an existing one,
would they not be placed in an unfair com-
petitive position?
DELEGATE WEIDEMEYER: If one
power company wanted to come in and take
over the line of another, I do not think the
Legislature would grant it, because there
you would have a question of an already-
existing franchise.
This only covers, I think, new ones, and
when you get into that area, you get into
an area where a private corporation would
be asking for power to take over some-
body else's property for similar use.
DELEGATE J. CLARK (presiding):
Are there any further questions of Dele-
gate Weidemeyer?
The Chair hears none.
Your amendment has not been distributed
yet, has it?
DELEGATE WEIDEMEYER: I think
not, Mr. President.
DELEGATE J. CLARK (presiding):
That is Amendment E, is it not?
DELEGATE WEIDEMEYER: Yes.
DELEGATE J. CLARK (presiding):
Pages please distribute Amendment E. This
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will be Amendment No. 19. The Clerk will
please read the amendment.
READING CLERK: Amendment No. 19
to accompany Minority Report R&P-1 to
Committee Recommendation R&P-1, by
Delegates Burgess, Dabrowski, Hostetter,
C. Murray, Weidemeyer:
On page 4, section 9, Limitations on State
Action, in line 19 after the period add
these words:
"No general or indefinitely continuing
authority shall hereafter be granted which
authorizes the taking or damaging of
private property by private persons, firms
or corporations for any public use or pur-
pose. Any such specific authority hereafter
granted shall be limited to a specific pur-
pose or purposes and shall be exercisable
during such period of time as may be rea-
sonably necessary to acquire the property
by condemnation but such period shall in
no event extend for longer than three
years. In granting any such specific au-
thority the advance taking of property
shall not be preferred but may be granted
and exercised only upon a showing of im-
mediate and urgent necessity."
DELEGATE J. CLARK (presiding):
The Chair recognizes Delegate Weide-
meyer.
DELEGATE WEIDEMEYER: Mr.
President and members of the Convention,
I do not want to take up a lot of your time.
I think this is a good amendment and it
should be adopted. As I pointed out in
presenting it, this does not cover corpora-
tions that have had authority in the past.
It only covers the future. Since the Com-
mittee Recommendation in regard to tak-
ing by the State for public use allows the
quick take, if they have the same authority
to grant it to private corporations, we
should not give a general and continuing
authority. When any corporation who
wants condemnation authority and can
show the need for it to the legislature or
the board or the county which grants it,
the county can then and should under this
amendment limit the power of condemna-
tion and the right to do the condemning for
the time reasonably necessary to do the
condemning, and, in any event, not to ex-
ceed three years.
There are those in this group who do not
understand what we mean by "quick take".
Under our existing law, the state roads
commission has the right under the Con-
stitution and the statutes to go out and
appraise the property and deposit the
amount of their appraisal in court and
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