Action Center

Property Fairness Action Center

Legislation

Federal

Takings, Eminent Domain Bills Die as Congress Adjourns
The close of the lame duck session of the 109th Congress also brings the end of proposed legislation aimed at eminent domain and regulatory takings. The House of Representatives passed sweeping bills on both issues that held potentially dire consequences for the nation’s communities. However, the Senate took no action on either bill.

More information on takings and eminent domain bills in the 109th Congress.

State

27 States Enact Eminent Domain Bills in 2006

Map of State Legislation

Ballot Measures

Election 2007/2008
California May Face Another Takings & Property Rights Measure in ’08

Eminent Domain Measure Proposed for Ballot in Ohio

Election 2006

Map of 2006 Elections: Takings, Eminent Domain & TABOR

Qualified for November Ballot — Regulatory Takings
Arizona — Proposition 207 (Passed)
California — Proposition 90 (Defeated)
Idaho — Proposition 2 (Defeated)
Washington — Initiative-933 (Defeated)

Struck from Ballot by Courts — Regulatory Takings
Missouri
Montana
Nevada
Oklahoma

Qualified for November Ballot — Eminent Domain Only
Florida
Georgia
Louisiana
Michigan
Nevada
New Hampshire
North Dakota
Oregon
South Carolina

Local Initiatives

Napa Co. California Rejects Takings Ballot Measure
A ballot measure virtually identical to Measure 37 was on the ballot in Napa County. It was resoundingly defeated on the June 6 primary ballot, 36.4 to 63.6 percent. Opposition to the measure was led by Napa County Supervisor Mark Luce and included a broad coalition of groups from industry, local government and environmental groups.

Orange Co. California Approves Eminent Domain Measure
On June 6, 2006, voters in Orange County, California, approved a countywide eminent domain measure. The measure was approved with 75 percent of the vote. Orange County was the first local jurisdiction in the nation to weigh in on eminent domain restrictions at the ballot box. The measure prohibits eminent domain for economic development.

Legal
Nevada Supreme Court Rejects Takings Component of Ballot Measure

Montana District Court Pulls Ballot Measure Based on Signature Improprieties

Arizona Court Keeps Measure on Nov Ballot

Missouri Court Takes Takings off Nov Ballot

Oklahoma Supreme Court Stops Takings / Eminent Domain Measure




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Property Fairness Action Center Legislation Ballot Measures Legal Legislation Federal Takings, Eminent Domain Bills Die as Congress Adjourns The close of the lame duck session of the 109th Congress also brings the end of proposed legislation aimed at eminent domain and regulatory takings. The House of Representatives passed sweeping bills on both issues that held potentially dire consequences for the nation’s communities. However, the Senate took no action on either bill. More information on takings and eminent domain bills in the 109th Congress. State 27 States Enact Eminent Domain Bills in 2006 Map of State Legislation Ballot Measures Election 2007/2008 California May Face Another Takings & Property Rights Measure in ’08 Eminent Domain Measure Proposed for Ballot in Ohio Election 2006 Map of 2006 Elections: Takings, Eminent Domain & TABOR Qualified for November Ballot — Regulatory Takings Arizona — Proposition 207 (Passed) California — Proposition 90 (Defeated) Idaho — Proposition 2 (Defeated) Washington — Initiative-933 (Defeated) Struck from Ballot by Courts — Regulatory Takings Missouri Montana Nevada Oklahoma Qualified for November Ballot — Eminent Domain Only Florida Georgia Louisiana Michigan Nevada New Hampshire North Dakota Oregon South Carolina Local Initiatives Napa Co. California Rejects Takings Ballot Measure A ballot measure virtually identical to Measure 37 was on the ballot in Napa County. It was resoundingly defeated on the June 6 primary ballot, 36.4 to 63.6 percent. Opposition to the measure was led by Napa County Supervisor Mark Luce and included a broad coalition of groups from industry, local government and environmental groups. Orange Co. California Approves Eminent Domain Measure On June 6, 2006, voters in Orange County, California, approved a countywide eminent domain measure. The measure was approved with 75 percent of the vote. Orange County was the first local jurisdiction in the nation to weigh in on eminent domain restrictions at the ballot box. The measure prohibits eminent domain for economic development. Legal Nevada Supreme Court Rejects Takings Component of Ballot Measure Montana District Court Pulls Ballot Measure Based on Signature Improprieties Arizona Court Keeps Measure on Nov Ballot Missouri Court Takes Takings off Nov Ballot Oklahoma Supreme Court Stops Takings / Eminent Domain Measure