COUNSEL’S CORNER
PROTECTING PRIVATE PROPERTY By Sam E. Scott, MFBF General Counsel
David Waide, MFBF president, is sponsoring a citizens’ initiative to amend the Mississippi Constitution for eminent domain reform – to keep individuals’ property from being taken by the government and turned over to other private parties. In order to do this, almost 90,000 Mississippi voters must sign a petition to put the reform measure on the next statewide ballot and let the voters decide whether Mississippi should do what most other states have done to protect private property. eminent domain is the inherent power of a governmental entity to take privately owned property, especially land, and convert it to public use, subject to reasonable compensation for the taking. The initiative is to prevent property taken by eminent domain to be immediately turned over to private persons or businesses. This would not include drainage and levee facilities, roads, bridges, ports, airports, common carriers, and utilities and would not apply in certain situations, including public nuisance, structures unfit for human habitation, or abandoned property. MFBF has established a Web site you can visit for further information: www.savingmyland.org. The rules for citizens’ initiatives are complicated, but this presently appears to be the best chance to get much needed reform. In 2009, the Legislature enacted eminent domain reform, but the governor vetoed it. This initiative follows, to the maximum extent possible, the Legislature’s action. The signatures must be obtained within the next 6 months or so in order to get them certified by the circuit clerks and filed with the secretary of state 90 days before the 2011 Legislative session. You may use the enclosed initiative petition to both sign and circulate to other registered Mississippi voters to sign. If you obtain the signatures of others, you should also sign the petition at the bottom as a circulator unless it is signed by someone else. The following instructions are important and should be carefully followed. If you need assistance in signing and completing the petition or in circulating it, call 1.800.227.8244 and ask for Petition Assistance. InStructIonS For SIGnInG PetItIonS each petitioner shall complete the following: 1. Sign the petition 2. Print name for positive identification 3. Complete residence address, street and number, city and zip code 4. County 5. Precinct (see note below) 6. Congressional District (prior to last redistricting). There is enclosed a map which shows what congressional districts were in effect at that time. use this to enter your district or call Petition Assistance at the toll-free number listed above. note: If you do not know your precinct or congressional district, MFBF will have 18
someone to fill it in for you once you send it back. Any person who signs the petition with any name other than his or her true name, knowingly signs more than one petition relating to the same initiative measure, signs the petition when he or she is not a qualified elector (voter) or makes any false statement on the petition may be punished by fine, imprisonment, or both. InStructIonS For cIrculatInG PetItIonS Petitions must be printed on legal paper (8 ½ x 14) of good writing quality and must have a full, true and correct copy of the proposed measure either printed on the reverse side of the petition or attached to the petition. The enclosed petition complies with that requirement. Only a person who is a qualified elector (voter) of this state may circulate a petition or obtain signatures on a petition. It is unlawful for a person to: a. Give or offer any consideration (bribe, money, etc.) to an elector (voter) to induce the elector (voter) to vote for or against a measure. b. Give or offer any consideration (bribe, money, etc.) to an elector (voter) to induce the elector (voter) to sign or not sign a petition. c. Pay or compensate another person for circulating a petition or for obtaining signatures to base the pay or compensation on the number of petitions circulated or the number of signatures obtained. d. Solicit signatures on a petition 150 feet of any polling place on any election day. e. Obtain or attempt to obtain a person’s signature (a) by intentionally misleading such person as to the substance or effect of the petition, or (b) by intentionally causing such person to be misled as to the substance or effect of the petition. You may use the enclosed petition to sign yourself and to obtain the signature of others. Signed petitions must be returned to MFBF Petitions, P.O. Box 1972, Jackson, Mississippi 39215 or to your county Farm Bureau office as soon as completed. It is important that you be a part of this historic effort to protect private property. This is your chance to make your voice heard and help make our government of the people, by the people, and for the people. Sam E. Scott is general counsel for Mississippi Farm Bureau Federation and practices law in the law firm of Samuel E. Scott, PLLC, in Jackson. The foregoing information is general in nature and is not intended as nor should be considered specific legal advice, nor to be considered as MFBF’s position or opinion.
M I S S I S S I P P I FA R M C O U N T RY
MARCH/APRIL