Eminent domain and the ballot box (CNNMoney.com)

[eppur_se_muova]

Numerous challenges to the government's right to seize or regulate private property are up for vote this election day.

By Les Christie, CNNMoney.com staff writer
October 30 2006: 4:22 PM EST

NEW YORK (CNNMoney.com) -- Eminent domain is a hot-button issue this fall - 12 states have measures on the ballot to restrict the government from taking property for private uses.

The spark for all this activity is Kelo v. New London: The Supreme Court ruled in 2005 that the Connecticut city could seize well-maintained private homes and give them to a developer.

Arizona, California, Florida, Georgia, Idaho, Michigan, Montana, Nevada, New Hampshire, North Dakota, Oregon, and South Carolina have all scheduled votes on the issue. Louisiana approved a similar measure in September.

California is the issue's epicenter, and its Proposition 90 asks: "Should the California Constitution be amended to require government to pay property owners for substantial economic losses resulting from some new laws and rules, and limit government authority to take ownership of private property?"

Prop. 90 proponents say the government's seizing of property for private development is almost never justifiable. And, when eminent domain is applied for a public purpose, such as a dam or school, they want higher compensation for property owners.
***
more: http://money.cnn.com/2006/10/30/real_estate/eminent_domain_on_ballot/index.htm?postversion=2006103016

(Kelo v. New London described at http://www.law.cornell.edu/supct/html/04-108.ZS.html)