New Limits on Eminent Domain Pass in Numerous States


While voters in California rejected Proposition 90 (which would have changed the State's Constitution and limited the use of a public entity's power to condemn) last Tuesday, ballot measures to limit eminent domain powers were passed in eight other states. Right now, 34 states have adopted laws or passed ballot measures in response to the Supreme Court's 2005 decision in Kelo v. New London, which upheld the use of condemnation for economic development.

For a further examination of the laws passed in other states, see the New York Times article "Voters Back Limits on Eminent Domain" by Terry Pristin, dated Wednesday, November 15, 2006.

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