The right of eminent domain shall never be so abridged or construed as to prevent the legislature from taking the property and franchises of incorporated companies and subjecting them to the public use, the same as the property of individuals.

ANNOTATIONS

Compiler's notes. — An amendment to this article proposed by S.J.R. No. 2 (Laws 1955), which would have increased membership of corporation commission (now public regulation commission) and provided for effective regulation and control of public utilities, was submitted to the people at a special election held on September 20, 1955, and was defeated for lack of a majority. The defeat made ineffective amendments to public utility laws by Laws 1955, ch. 265, § 21, of which made the amendments dependent upon adoption of the constitutional amendment.

An amendment to this article proposed by S.J.R. No. 7 (Laws 1961) which would have provided for increase in membership of corporation commission (now public regulation commission) and effective regulation and control of public utilities, was submitted to the people at a special election held on September 19, 1961. It was defeated by a vote of 23,850 for and 25,521 against.

Comparable provisions. — Idaho Const., art. XI, § 8.

Wyoming Const., art. X, § 14.

Law reviews. — For comment on State ex rel. State Corp. Comm'n v. Zinn, 72 N.M. 29, 380 P.2d 182 (1963), see 3 Nat. Resources J. 356 (1963).

Am. Jur. 2d, A.L.R. and C.J.S. references. — 26 Am. Jur. 2d Eminent Domain § 110.

Constitutionality of provisions as to tribunal which shall fix amount of compensation for property taken, 74 A.L.R. 582.

Construction and application of rule requiring public use for which property is condemned to be "more necessary" or "higher use" than public use to which property is already appropriated - state takings, 49 A.L.R. 5th 769.