Article XVIII.
Miscellaneous provisions

Section 2. Eminent domain; determination of necessity and compensation

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Determination of necessity and compensation

When private property is taken for the use or benefit of the public, the necessity for using such property and the just compensation to be made therefor, except when to be made by the state, shall be ascertained by a jury of twelve freeholders residing in the vicinity of such property, or by not less than three commissioners appointed by a court of record, as shall be prescribed by law: Provided, That the foregoing provision shall not be construed to apply to the action of commissioners of highways or road commissioners in the official discharge of their duties.

Eminent domain; determination of necessity and compensation

When private property is taken for the use or benefit of the public, the necessity for using such property , and the just compensation to be made therefor, except when to be made by the State, shall be ascertained by a jury of twelve freeholders, residing in the vicinity of such property, or by not less than three commissioners, appointed by a court of record, as shall be prescribed by law. Provided, The foregoing provision shall in no case be construed to apply to the action of commissioners of highways in the official discharge of their duty as highway commissioners.

Eminent domain; determination of necessity and compensation

When private property is taken for the use or benefit of the public, the necessity for using such property , and the just compensation to be made therefor, except when to be made by the State, shall be ascertained by a jury of twelve freeholders, residing in the vicinity of such property, or by not less than three commissioners, appointed by a court of record, as shall be prescribed by law.

Taking property for public use; compensation

The property of no person shall be taken for public use, without just compensation therefor.

4 items are based on this item:

1850 Article XV. Section 9

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1850 Article XV. Section 15

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1850 Article XVIII. Section 2

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1850 Article XVIII. Section 14

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Redlined Comparison between 1850 and 1861 Amendment

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