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upon the filing of the suit and the deposit
of the amount of their appraisal in court,
the title passes.
Now, that is a little different procedure
from the old procedure where they went
into court for the condemnation suit and
the title did not pass until after the jury
made its award and the award was paid
to the person having his property con-
demned. When you get into this advanced
taking, or what is known as "quick take"
by many of the attorneys, while you might
deal liberally with it for public uses it
should be dealt with very sparingly when
it comes to private corporations.
But I have provided that it can be
granted even to those private corporations
where there is that immediate and urgent
necessity shown. If there is not an im-
mediate and urgent necessity, of course, the
private corporation would condemn in the
usual manner, namely, not get the title to
the land until after the jury made its
award and the payment of the award was
made to the person having the property
condemned.
DELEGATE J. CLARK (presiding):
Delegate Weidemeyer, I misinformed you.
There are fifteen minutes provided for this.
DELEGATE WEIDEMEYER: If I need
it in the future, I will reserve it.
DELEGATE J. CLARK (presiding):
The Chair recognizes Delegate Kiefer.
DELEGATE KIEFER: Do we have a
quorum ?
DELEGATE J. CLARK (presiding):
Are you suggested the absence of a quo-
rum ?
DELEGATE KIEFER: Yes.
DELEGATE J. CLARK (presiding):
Delegate Kiefer has suggested the absence
of a quorum.
The Clerk will ring the bell, please.
Roll call.
(The roll was called.)
Has everyone indicated his presence? The
Clerk will take -the roll. 108 persons being
present, the quorum is present, the Com-
mittee of the Whole can proceed.
Delegate Kiefer.
DELEGATE KIEFER: Mr. Chairman
and ladies and gentlemen of the Committee,
I feel like the sexton who kept ringing the
church bell very loudly and saying "If they
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ain't going to come to church, they ain't
going to sleep either."
I am not going to fight with my friend
Delegate Weidemeyer. There are 22 statutes
on the books involving the right of eminent
domain. There is a rule of court that is
quite complete about /this matter.
Delegate Weidemeyer has covered a small
part of it. If we try to revise and revamp
and review all the condemnation laws we
will never get anywhere. I suggest this is
really a statutory matter and although I
have a great deal of sympathy and feeling
toward what he is saying, I do not believe
that it belongs in the constitution but it
should be a matter headed by statute.
I request that this amendment be de-
feated.
DELEGATE WEIDEMEYER: Mr.
President, I have a little more time and I
do want to answer Delegate Kiefer. This
does not overrule existing statutes because
it is not intended to. This covers the au-
thority to be exercised by the sovereign or
the county in granting eminent domain
powers to private corporations and I can-
not see anything statutory about it which
regulates the power to grant and to dele-
gate that eminent domain power.
If it were specifying in detail, that would
be one thing, but this is limiting, specify-
ing, and regulating the power and dele-
gation of that authority. Therefore, I must
stand up for my rights and clarify that
statement.
DELEGATE J. CLARK (presiding):
Delegate Kiefer, do you have anyone who
wishes to speak on this?
DELEGATE KIEFER: No, sir.
DELEGATE J. CLARK (presiding):
If not, the question arises on the adoption
of Amendment No. 19.
Are you ready for the question?
A vote Aye is a vote adopting the amend-
ment; a vote No rejects it.
The Clerk will take the roll.
Has everyone voted? Does anyone desire
to change his vote?
(There was no response.)
The Clerk will take the roll.
There being 41 votes in the affirmative
and 69 in the negative, the amendment
fails. The motion fails and the amendment
is rejected.
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