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Voters in 10 States Limit Eminent Domain Powers
Voters in 10 of 12 states passed eminent domain ballot initiatives that restricted the government’s powers to force the sale of private property for economic development and other reasons.
Voters in Arizona passed initiatives allowing property owners to file claims against the government for loss of property value due to “regulatory takings.”
Arizona, California, Idaho and Washington considered eminent domain and regulatory takings in tandem.
The eminent domain restrictions are a direct result of the U. S. Supreme Court’s Kelo v. New London decision in late June of 2005 when the Court upheld eminent domain for economic development as a “public use,” but also allowed individual states to place further restrictions on its exercise of the takings power.
The results of the eminent domian ballot initiatives include:
|
|
Arizona |
Passed |
65.3% |
|
|
Florida |
Passed |
69% |
|
|
Georgia |
Passed |
82.4% |
|
|
Louisiana |
Passed |
55% |
|
|
Michigan |
Passed |
80.1% |
|
|
Nevada* |
Passed |
63% |
|
|
New Hampshire |
Passed |
86% |
|
|
North Dakota |
Passed |
67.5% |
|
|
Oregon |
Passed |
67% |
|
|
South Carolina |
Passed |
86% |
|
|
California |
Failed |
48% |
|
|
Idaho |
Failed |
26% |
|
|
*Nevada needs to pass the eminent domain initative again in 2008. |
Recourse for Regulatory Takings Passes in Arizona, Oregon
Voters in Arizona passed measures to enable land and property owners to file a claim for government compensation resulting from regulatory takings that reduced the value of their property.
Three other states also took up regulatory takings initiatives, but those did not pass.
The results of the regulatory takings initiatives include:
|
|
Arizona |
Passed |
65.3% |
|
|
California |
Failed |
48% |
|
|
Idaho |
Failed |
26% |
|
|
Washington |
Failed |
42.4% |
Floridians Raise the Bar Against Costly and Unnecessary Amendments
Florida voters passed Amendment 3, an initiative preventing the Florida Constitution from being littered with costly and unnecessary amendments by increasing the threshold of passage from 50% plus 1 to 60%. The amendment’s passage help ensure that Florida's housing industry has greater protections in place from future amendments that might negatively impact the industry.
The Florida Home Builders Association and NAHB worked toward passage of the amendment. It gained approval by 57.9% of the voters.
State Election Tallies
Before the Nov. 7 elections, Republicans held the governorships and both chambers of the state legislatures in 12 states. Democrats held complete political control in eight states.
The election tally results by party are:
Governorships
|
|
Pre Election |
|
|
|
|
|
Democratic |
Republican |
|
|
|
|
22 |
28 |
|
|
|
|
Post Election |
|
|
|
|
|
Democratic |
Republican |
|
|
|
|
28 |
22 |
|
|
Attorneys General
|
|
Pre Election |
|
|
|
|
|
Democratic |
Republican |
|
|
|
|
29 |
21 |
|
|
|
|
Post Election |
|
|
|
|
|
Democratic |
Republican |
|
|
|
|
31 |
19 |
|
|
Legislatures
|
|
Pre Election |
|
|
|
|
|
Democratic |
Republican |
Split Control |
Unicameral |
|
|
19 |
20 |
10 |
1 |
|
|
Post Election |
|
|
|
|
|
Democratic |
Republican |
Split Control |
Unicameral |
|
|
23 |
15 |
9 |
1 |
|
