Our friends over at the Institute for Justice provide more information on the eminent domain victories I mentioned yesterday in this press release. Here are some highlights from the states:
“With more than 85 percent approval, South Carolina’s constitution now specifically prohibits municipalities from condemning private property for ‘the purpose or benefit of economic development, unless the condemnation is for public use.’ Also, an individual property must now be a danger to public health and safety for it to be designated as ‘blighted,’ closing a loophole that enabled local governments to use eminent domain for private use under the State’s previously broad blight definition.”
“In Florida, which had been one of the worst abusers of eminent domain, government can no longer take property for so-called ‘blight’ removal and the newly passed statutes prohibit localities from transferring land from one owner to another through the use of eminent domain for 10 years — effectively eliminating condemnations for private commercial development. After yesterday, with nearly 70 percent approval of the constitutional amendment, each house of the Legislature must now pass exemptions by a 3/5 vote.”
“In Georgia, nearly 85 percent of the electorate voted in favor of a constitutional amendment requiring a vote by elected officials any time eminent domain will be used. Coupled with statutory reform, Georgia property owners are now protected from eminent domain abuse.”
“More than 80 percent of Michigan voters approved a proposed constitutional amendment that prohibits ‘the taking of private property for transfer to a private entity for the purpose of economic development or enhancement of tax revenues’ and requires government to prove its authority to take a piece of property for blight removal by clear and convincing evidence.”
“New Hampshire’s legislature passed both statutory reform as well as a constitutional amendment, which was supported by more than 85 percent of New Hampshire voters.”
“Louisiana was the first post-Kelo constitutional amendment to restrict eminent domain abuse, passing in September’s primary election. The amendment prohibits local governments from condemning private property merely to generate taxes or jobs and ensures that the State’s blight laws can only be used for the removal of a genuine threat to public health and safety on a specific piece of property.”
“Nevada’s constitutional amendment, which was presented to voters through a citizen initiative and sharply limited eminent domain for private development, was affirmed by over 60 percent of voters and will reappear on the 2008 ballot for final approval.”
“Oregon voters overwhelmingly passed, with over 65 percent approval, a citizen initiative that provides stronger property rights protections in Oregon’s statutes.”
For more information check out the full press release here.