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Wednesday, November 08, 2006

Eminent domain restrictions approved in 9 states, rejected in 3
Jaime Jansen at 2:04 PM ET

[JURIST] Voters in nine US states approved ballot initiatives restricting the use of eminent domain [JURIST news archive] in mid-term elections Tuesday, reacting strongly against the 2005 US Supreme Court Kelo v. New London [opinion text; JURIST report] decision, which held that private redevelopment conferring economic benefits on a community qualifies as a "public use" allowing local governments to expropriate private property under the Takings Clause of the Fifth Amendment [text]. Measures in Georgia [Amendment 1 text, PDF], Nevada [Question 2 text, PDF; returns], and Oregon [Measure 39 text; returns] restricting the use of eminent domain for private projects passed with overwhelming approval, while voters in Florida [Amendment 8 text, PDF; returns], Michigan [Proposition 4 text, PDF; returns], New Hampshire [Amendment 1 text], North Dakota [Amendment 2 text, PDF; returns], and South Carolina [Amendment 5 text; returns] approved similar constitutional amendments by narrower margins. Arizona [Proposition 207 text; returns] voters approved a measure that requires compensation for regulatory takings and prohibits the use of eminent domain for private projects.

Meanwhile, three states indirectly supported the Kelo decision by rejecting various eminent domain restrictions Tuesday. California [Proposition 90 text, PDF; returns] voters narrowly rejected [No on 90 advocacy website] a measure that would have required compensation for regulatory takings and prohibited eminent domain for private development, but voters in Idaho [Proposition 2 text; returns] overwhelmingly rejected a similar measure. Washington [Initiative 933 text, PDF; returns] voters also rejected an initiative that would have required compensation for regulatory takings. CNNMoney.com has more.

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