Elections | Initiatives

INITIATIVE MEASURE NO. 31

SPONSOR: Mr. David Waide, PO Box 1972, Jackson, MS 39215

SUBJECT MATTER: Eminent Domain

BALLOT TITLE: Should government be prohibited from taking private property by eminent domain and then transferring it to other persons?

BALLOT SUMMARY: Initiative #31 would amend the Mississippi Constitution to prohibit state and local government from taking private property by eminent domain and then conveying it to other persons or private businesses for a period of 10 years after acquisition. Exceptions from the prohibition include drainage and levee facilities, roads, bridges, ports, airports, common carriers, and utilities. The prohibition would not apply in certain situations, including public nuisance, structures unfit for human habitation, or abandoned property.

ORIGINAL FILING: October 7, 2009

STATUS: Active

Click here to view original filing

The official ballot title and ballot summary for an initiative measure are prepared by the Mississippi Attorney General’s Office.  Initiative measures are valid for one year.  During this one-year period, a petition may be circulated to place the measure on the next statewide general election ballot to allow the voters of Mississippi to determine whether the measure should become a part of the Mississippi Constitution.  According to Mississippi law, for an initiative measure to be placed on the ballot, a minimum of 89,285 certified signatures must be gathered, with at least 17,857 certified signatures from each of the five congressional districts as they existed in the year 2000.  This required number of signatures represents twelve percent (12%) of the total number of votes cast for Governor in the last gubernatorial general election.  Signatures must be certified by county circuit clerks as belonging to registered voters in Mississippi.  A completed petition should be filed with Secretary of State, together with a filing fee of $500.00.

For more information on the initiative process in Mississippi, consult the Mississippi Constitution of 1890, Section 273, and Mississippi Code Annotated §§ 23-17-1 through 23-17-61 (1972).