Private property not taken without just compensation--Benefit to owner--Fee in
Private property shall not be taken for public use, or damaged, without just
compensation, which will be determined according to legal procedure established by the
Legislature and according to § 6 of this article. No benefit which may accrue to the owner as the
result of an improvement made by any private corporation shall be considered in fixing the
compensation for property taken or damaged. The fee of land taken for railroad tracks or other
highways shall remain in such owners, subject to the use for which it is taken.
History: Amendment proposed by SL 1961, ch 297, approved Nov. 6, 1962; amendment
proposed by SL 1989, ch 3, rejected November 6, 1990.