HomeLAW believes that private property should only be condemned as a last resort and when “public benefit” has been determined by jury trial; and never when the condemning party economically benefits from the compensation formulas allowed by state statutes.
Ballot Initiatives in Other States
Passed into Law by Ballot Initiatives (1)
Oregon
Measure 37
Qualified for Ballot (3)
California
Statewide Ballot Initiative
A ballot initiative combining sweeping regulatory takings provisions with eminent domain changes has officially qualified for the November 2006 ballot. The campaign for the "Anderson Initiative" has received considerable outside funding from libertarian, anti-government groups. The takings language is similar to Oregon's Measure 37 but, in fact, goes even further because it does not provide a "regulatory waiver" component.
Idaho
Statewide Ballot Initiative
The Idaho takings initiative has been officially certified for the November ballot. Like California, the Idaho initiative is a combination eminent domain and regulatory takings measure. As in other places the initiative is primarily being portrayed by proponents as simply eminent domain reform. The group responsible for the measure is "This House Is My Home" (www.thishouseismyhome.com). The short ballot description is: "initiative limiting eminent domain when used for economic development; defining land use law; and permitting just compensation for regulatory takings."
Washington
Statewide Ballot Initiative
A ballot measure modeled on Oregon's Measure 37 and sponsored by the Washington Farm Bureau has qualified for the November ballot. The measure is known as I-933 and has been dubbed by proponents as the "Property Fairness Initiative."
Qualification Pending (5)
Alaska
Matanuska-Susitna Borough Local Initiative
This borough is immediately north of Anchorage and is one of the fastest growing areas of the state. A regulatory takings ballot measure has been submitted. The measure has not yet formally qualified for the ballot.
Arizona
Statewide Ballot Initiative
The Arizona Secretary of State has approved the "Private Property Rights Protection Act" for signature gathering. The measure is a combination of eminent domain reform in response to Kelo and Oregon's Measure 37 clone ("ensures that Arizona citizens receive just compensation if they lose their property or lose the value of their property when government takes or enacts a law that diminishes the value of private property.") Signatures were due July 20. A legislative effort to advance regulatory takings and eminent domain reform failed leading proponents to pursue a ballot measure.
Colorado
Statewide Ballot Initiative
The Colorado Secretary of State has approved a measure for signature gathering, entitled "Compensation for Land Use Regulations that Diminish Value." The initiative is modeled on Oregon's Measure 37. At the same time, efforts are on-going in the legislature to pass an eminent domain constitutional amendment. Property rights advocates have indicated that if the amendment language is in their view "too watered down" then they will attempt to place their own initiative on the ballot. The signature deadline was August 7.
Montana
Statewide Ballot Initiative
In Montana, two ballot measures related to property rights and including regulatory takings provisions were proposed. One was a constitutional amendment and the other was a statutory initiative. The constitutional amendment has been withdrawn but the statutory initiative (I-152) continues to moves forward and is now in the signature gathering stage. The statutory initiative is somewhat less threatening than the constitutional amendment. In addition, eminent domain legislation is still under consideration in the state legislature providing another possible target for Measure 37 proponents. Signature deadline was June 23, 2006.
Nevada
Statewide Constitutional Amendment
A "Nevada Property Owners Bill of Rights" has been proposed as an amendment to the state constitution. The amendment contains both eminent domain prohibitions and a regulatory takings section modeled on Oregon's Measure 37. The deadline for qualification was the end of June. In Nevada, constitutional amendments by ballot initiative must pass in two consecutive elections.