Eminent Domain and the Ballot Box

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Eminent Domain and the Ballot Box

Eminent domain and the ballot box

By Les Christie, CNNMoney.com staff writer
October 30 2006: 4:22 PM EST

NEW YORK (CNNMoney.com) -- Eminent domain - 12 states have ballot measures to restrict the government from taking property for private uses.

The spark for this activity is Kelo v. New London: The Supreme Court ruled (2005) that the Connecticut city could seize private homes and give them to a developer.

Arizona, California, Florida, Georgia, Idaho, Michigan, Montana, Nevada, New Hampshire, North Dakota, Oregon, South Carolina have scheduled votes on the issue. Louisiana approved a similar measure in September.

[url=http://money.cnn.com/2006/10/30/real_estate/eminent_domain_on_ballot/?po...

Naran
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Eminent Domain and the Ballot Box

I believe that Maine already has something on the books now, a law that limits eminent domain to public good, such as a roadway, not taking property for a hotel, or other private development. (Dan, please correct me if I'm wrong). However, given the recent events in several parts of the US, I wonder if our own current legislation is good enough protection, or if it could use some strengthening.

JBC
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Eminent Domain and the Ballot Box

Maine
LD 1870

[quote]Prohibits the use of eminent domain to condemn land used for agriculture, fishing or forestry or land improved with residential, commercial or industrial buildings, for private retail, office, commercial, industrial or residential purposes; primarily to generate additional tax revenue; or to transfer private property to another private entity. Provides a blight exception and use of land by a public utility.[/quote]

http://www.ncsl.org/programs/natres/emindomainleg06.htm#ME

JIMV
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Eminent Domain and the Ballot Box

[quote="Naran"]I believe that Maine already has something on the books now, a law that limits eminent domain to public good, such as a roadway, not taking property for a hotel, or other private development. (Dan, please correct me if I'm wrong). However, given the recent events in several parts of the US, I wonder if our own current legislation is good enough protection, or if it could use some strengthening.[/quote]

What many of these laws propose is not just protection from stealing for greater tax revenue, but also require compensation for regulatory takings. See oregons prop 37 which has already passed and pretty much stopped regulatory takings.

Naran
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Eminent Domain and the Ballot Box

Jim - you're correct. Adequate compensation, not the piddly amounts that Gubmint thinks they can get away with. Market-value.

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