Theft Through Eminent Domain Takes a Big Hit

Among the debris of the election this month one good thing did happen – the Kelo decision by the Supreme Court was effectively nullified by many states. Kelo v. New London established the incredible concept that government bodies could take, by force, privately owned property and transfer that property to another private party. This fall, nine of twelve states passed constitutional amendments banning this practice. In addition, the federal government and many other states have passed restrictions on this anti-American practice which turns upside down our bedrock value of private property rights. Eminent domain should only be used to acquire for the public - property needed for a critical public purpose. This is developing into a major defeat for the left.

Accuracy In Media
“On September 30, 2006 the Louisiana electorate voted to amend its constitution. Yesterday twelve States had ballot propositions in varying degrees seeking to circumscribe the reasons why a governmental entity could take private property. Voters in Arizona, Florida, Georgia, Michigan, Nevada, North Dakota, Oregon and South Carolina approved these limitations. New Hampshire results are not yet available. California, Idaho and Washington voters rejected their propositions.”

USA Today
N.H. voters opt to curb eminent domain; smaller House districts also at stake
Updated 11/8/2006 3:13 AM ET

CANTERBURY, N.H. (AP) — Voters overwhelmingly decided Tuesday to amend the state constitution to bar government from taking private property from one landowner so another could develop it.

With 254 of the 301 precincts reporting, 86% voted to approve the change.

BALLOT MEASURES: Initiative results by state
Property rights advocates argued a 2005 U.S. Supreme Court decision gives government broad latitude in eminent domain cases if taking property provides a public benefit. The amendment, one of 11 on state ballots around the country, would limit takings to projects like schools and roads actually used by the public.

This spring, New Hampshire lawmakers rewrote state law to allow takings only for a public use. They also approved the proposed amendment on Tuesday's ballot.
It reads: "No part of a person's property shall be taken by eminent domain and transferred, directly or indirectly, to another person if the taking is for the purpose of private development or other private use of the property."