Ballot measures & Proposition 90 & Eminent domain & Election results 06 Dec 2006 12:02 pm
Follow-up on eminent domain initiatives
Of the 11 states with eminent domain measures on the November ballot, nine passed the measures into law. The states that passed eminent domain measures were Arizona, Florida, Georgia, Michigan, Nevada, New Hampshire, North Dakota, Oregon, and South Carolina. Eminent domain measures failed to pass in California and Idaho.
The Initiative and Referendum Institute noted that the two eminent domain measures that failed “also included a regulatory takings component that would have required governments to compensate owners when their property values were reduced by land use regulations.” Arizona’s eminent domain measure, Proposition 207, contained a similar provision, and it passed by a 2-1 margin.
As was the case with the Oregon measure passed in November and another Oregon land use measure passed in 2004, Measure 37, opponents of the Arizona measure vowed to start litigation against the measure almost as soon as it passed.