When the judicial branch disagrees with the legislative and executive branches, let the people decide.

That was the message today from House Republican Leader Mike May, R-Parker, when he announced a constitutional amendment to protect private property rights.

"The right to own property is fundamental in this country and it's unacceptable for the court to trample that right," said May. "You shouldn't have to live with the fear of knowing that a heavy-handed government could come in and take your property at any moment."

In 2004, May co-sponsored the "Telluride Amendment," House Bill 1203, which the Colorado legislature passed in order to prevent government from taking land outside its jurisdiction. Specifically, the legislation prohibited home rule cities from condemning land outside city limits for "parks, recreation, open space, conservation, and preservation of views or scenic vistas or for similar purposes."

However, the Colorado Supreme Court recently ruled the state law unconstitutional.

May said that it's a heavy blow to private property rights and the people should have the final say.

"The Supreme Court may be powerful enough to overturn a state law, but the people are powerful enough to overturn the Supreme Court. If you try to take away our property rights, you can expect a fight."

May fought the Parker Town Council when a similar situation arose recently in his own district. The town wanted to use its power of eminent domain to take the property of a business owner outside the Town Limits of Parker.

"People have a right in this country to own property, and condemnation should not be used lightly. It is not a tool to get what you want just because you aren't willing to pay a seller's price," said May.

May plans to introduce the constitutional amendment as a House Concurrent Resolution in January. If approved in the House and Senate, the measure would then go before voters as a referendum on the 2010 November ballot.