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has been a penny wise and a pound foolish
in the way they reward their public serv-
ants.
I think that the Committee on transi-
tional legislation has done a fine job in
that respect, but I am opposed to the post-
ponement of the rights of the people whose
properties have been damaged irrepa-
rably by the public condemnation proce-
dures, to further postpone their right to
compensation for the damages the Sta'te
has caused, and therefore, I support this
amendment.
THE CHAIRMAN: Delegate Kiefer.
DELEGATE KIEFER: Mr. President,
I am sorry I was out on other business of
the Committee of the Whole when this
first came up.
I would just say to the delegates here
that as the Committee originally proposed
this particular item, there was no qualifi-
cation on the word "damages". It was to
be left to court construction, whatever
implementation might be necessary by the
legislature.
However, Amendment No. 4 to S&D-9
specifically provided that there should be
added to this business the language, "ex-
cept that the allowance for compensation
for property damaged but not taken for
public use or purposes shall be subject to
reasonable limitations and restrictions
that the General Assembly may prescribe
by law."
That was adopted by the Committee of
the Whole and that is what you have. I be-
lieve that if we are going to act in good
faith we have got to give the legislature
an opportunity to do so. When we discuss
this thing, and I had complete knowledge
of this and acquiesced in it, we had to pick
a date. This is the earliest practical date
that gives the legislature an opportunity
to do exactly what this Committee of the
Whole wants it to do.
Do not think we therefore are acting in
really good faith if we eliminate it. We
ought at least to give the legislature a
chance to say how they want to limit this
if in fact they do. I would, therefore, have
to say to be consistent we should vote
against this amendment. This is not the
position the Committee on Transitional
Legislation originally took. This does carry
out what apparently is the intention of the
Committee of the Whole.
THE CHAIRMAN: Delegate Cicone.
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DELEGATE CICONE: I was going to
speak in opposition.
THE CHAIRMAN: Does any other dele-
gate desire to speak in favor?
Delegate Burgess.
DELEGATE BURGESS: Ladies and
gentlemen of the Convention, as one of the
sponsors of the original concept here, I
have the feeling sometimes that the addi-
tional language makes a situation more
or less where the tail is wagging the dog.
If this is a right, and I feel strongly that
it is, and I think that the majority of us
do feel that way, it does seem to me that
the delay here works a hardship on a few
people who will probably be very seriously
hurt by this thing.
I would respectfully suggest that if this
cannot be implemented in a faster and
more efficient manner, that possibly it
should be. If the legislature should act in
its up and coming session in some manner,
I think this would be a step in the right
direction and I would concur in what Dele-
gate Johnson said in this area and re-
spectfully request that you consider this
amendment favorably.
THE CHAIRMAN: Delegate Cicone.
DELEGATE CICONE: I, too, am not in
favor of not putting in the constitution de-
layed rights, but all I have heard here is
delayed rights for a small group of people.
I think we are here to think of all the peo-
ple.
Now, it will be a delayed right for all
of the people not to know what this is
going to cost them and not just a small
group, and I think that all of the people
should have the benefit of our General As-
sembly's first laying clown the guidelines
for these damages, and looking into the
matter. In that manner also they will have
the right to contact their legislature while
this is being looked into.
I think their rights are just as im-
portant as the small few who temporarily
may suffer some damages, but I think the
right of all the people to know what it is
going; to cost them before they have any
guidelines laid clown is predominant.
THE CHAIRMAN: Delegate Winslow.
DELEGATE WINSLOW: Mr. Chair-
man, I move the previous question.
THE CHAIRMAN: Is there a second?
DELEGATE JAMES: Second,
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