Legislation
SECTION 7
Just compensation for taking private property; private roads; drainage of agricultural lands
Constitution (CNS) CHAPTER , ARTICLE I
§ 7. (a) Private property shall not be taken for public use without
just compensation.
(c) Private roads may be opened in the manner to be prescribed by law;
but in every case the necessity of the road and the amount of all damage
to be sustained by the opening thereof shall be first determined by a
jury of freeholders, and such amount, together with the expenses of the
proceedings, shall be paid by the person to be benefited.
(d) The use of property for the drainage of swamp or agricultural
lands is declared to be a public use, and general laws may be passed
permitting the owners or occupants of swamp or agricultural lands to
construct and maintain for the drainage thereof, necessary drains,
ditches and dykes upon the lands of others, under proper restrictions,
on making just compensation, and such compensation together with the
cost of such drainage may be assessed, wholly or partly, against any
property benefited thereby; but no special laws shall be enacted for
such purposes.
just compensation.
(c) Private roads may be opened in the manner to be prescribed by law;
but in every case the necessity of the road and the amount of all damage
to be sustained by the opening thereof shall be first determined by a
jury of freeholders, and such amount, together with the expenses of the
proceedings, shall be paid by the person to be benefited.
(d) The use of property for the drainage of swamp or agricultural
lands is declared to be a public use, and general laws may be passed
permitting the owners or occupants of swamp or agricultural lands to
construct and maintain for the drainage thereof, necessary drains,
ditches and dykes upon the lands of others, under proper restrictions,
on making just compensation, and such compensation together with the
cost of such drainage may be assessed, wholly or partly, against any
property benefited thereby; but no special laws shall be enacted for
such purposes.