Voters Push Back on Eminent Domain

A few years ago eminent domain, or the government's right to take private property for public use, was hardly a hot button issue. But this fall it has become the most widespread topic on ballot initiatives across the country, in large part a reaction to a recent controversial Supreme Court decision.

Public outcry began in 2005, when a narrow majority of the Court ruled that local governments could seize property and turn it over to private developers.

In the case of Kelo v. City of New London, Susette Kelo and others were forced to move so that the city of New London, Conn., could "revitalize" their neighborhood with a commercial project.

Justice Paul Stevens, writing for the majority, said that cities were justified in taking such property because "promoting economic development is a tradition and long accepted function of government." Stevens invited local jurisdictions to enact their own restrictions. "Nothing in our opinion precludes any state from placing further restrictions on its exercise of the takings power."

According to the National Conference of State Legislatures, since the Supreme Court ruling 30 state legislatures have passed laws or prepared ballot referendums to restrict the power of local governments. This fall, 13 states have ballot measures that would hamper the ability of local governments to seize property for economic development purposes.

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