Ammendment XXVIII
Section 1. Eminent Domain shall hereby be defined as the right of a municipal, county, or state government, or of the federal government, to seize any privately owned property within its jurisdiction, in exchange for the payment of the fair market value of the property (as judged by an independant appraiser) to the owner of the property. There shall henceforth exist no other lawful definition of the term Eminent Domain.
Section 2. Neither Congress, nor the governments of the Several States, nor the governments of the counties or municipalities therein, shall have the power to sieze through right of Eminent Domain any privately owned property for any reason except for a project of construction where the populace within the jurisdiction stands to benefit as a whole.
Section 3. If the federal government wishes to sieze a privately owned property through right of Eminent Domain, it must first prove in a Federal court that the project of contruction for which the seizure is intended will in fact benefit all citizens of the United States of America. Such a project must begin within 360 days of the date of the seizure, and must be completed within a reasonable time; failure to do so shall result in the returning of said property to the most recent owner, and the price paid to said owner shall not be refunded.
Section 4. If a state government wishes to sieze a privately owned property through right of Eminent Domain, it must first prove in a court of the jurisdiction that the project of contruction for which the seizure is intended will in fact benefit all citizens of the state. Such a project must begin within 360 days of the date of the seizure, and must be completed within a reasonable time; failure to do so shall result in the returning of said property to the most recent owner, and the price paid to said owner shall not be refunded.
Section 5. If a county government wishes to sieze a privately owned property through right of Eminent Domain, it must first prove in a court of the jurisdiction that the project of contruction for which the seizure is intended will in fact benefit all citizens of the county. Such a project must begin within 360 days of the date of the seizure, and must be completed within a reasonable time; failure to do so shall result in the returning of said property to the most recent owner, and the price paid to said owner shall not be refunded.
Section 6. If a municipal government wishes to sieze a privately owned property through right of Eminent Domain, it must first prove in a court of the jurisdiction that the project of contruction for which the seizure is intended will in fact benefit all citizens of the municipality. Such a project must begin within 360 days of the date of the seizure, and must be completed within a reasonable time; failure to do so shall result in the returning of said property to the most recent owner, and the price paid to said owner shall not be refunded.
Section 7. After such time as a seizure by right of Eminent Domain has been approved by the appropriate court (per sections 2-5 of this Ammendment), the fair market value of the property to be seized must be determined. This determination must be made by an independant appraiser, whose fee shall be paid by the government wishing to sieze the property.
Section 8. The owner of the property to be seized by right of Eminent Domain must be paid in full for said property prior to seizure.
Section 9. If at any time a municipal, county, state or federal government in posession of a property seized by right of Eminent Domain should decide to sell said property, the sale price of said property will be the exact price paid at the time of seizure, adjusted by the recognized rate of inflation. No expenses, nor expense of improvements, may be recouped through the sale of a property seized by right of Eminent Domain.
Section 10. No property seized by right of Eminent Domain may be re-sold by the seizing government for any reason for a period of at least a period of 20 years after the date of seizure. Once the government sells said property, the property may be bought and sold as normal, subject to all applicable laws and regulations.
Section 11. The Congress shall have power to enforce, by appropriate legislation, the provisions of this article.