Eminent Domain

Eminent Domain Legislation Across America

Few issues have captured the attention of state legislatures in recent years as dramatically as eminent domain has in the wake of last year's U.S. Supreme Court ruling in Kelo v. City of New London. Various versions of eminent domain reform are or have been considered in 45 states. Proposals range from broad, constitutional prohibitions to procedural changes in the use of eminent domain. APA is closely monitoring state action on this important planning issue. This page will be regularly updated to reflect legislative changes.

APA believes states, not the federal government, are the appropriate venue for redevelopment reform. Reform done right will guarantee fairness while benefiting communities. However, legislation must be carefully crafted to avoid unintended consequences that threaten to hobble the ability of local citizens to improve their neighborhoods and quality of life.

Latest News

USA TODAY September 25, 2006
Voters get a say on land rights; State laws limit high court ruling
Eleven states are giving voters their first chance this fall to override last year's Supreme Court ruling that allows local governments seeking more tax revenue to seize private property and give it to developers...

Iowa Legislature Overrides Vilsack Eminent Domain Veto
In June, Iowa Gov. Tom Vilsack became the third U.S. governor this year to veto an eminent domain bill. With strong majorities in both chambers, the Iowa legislature responded with the first successful veto override in the Hawkeye State in more than 40 years.

However, the saga may not yet be at an end. The governor and his supporters believe the override vote is unconstitutional. Gov. Vilsack maintains that the legislature cannot legally reconvene to override a bill after adjournment of the regular legislative session. Iowa Attorney General Tom Miller backs that position and issued an informal opinion on the issue in 1998. Miller stated that the vote "leaves a legal cloud over the validity and status of the eminent domain legislation." It is not yet clear whether a formal court challenge will be lodged, but some action appears increasingly likely.

ALI-ABA Annual Event Included Eminent Domain Panel
Paul Farmer was one of several APA members on the faculty of the American Law Institute-American Bar Association's annual Land Use Institute August 17-19, 2006, in Chicago. Farmer participated on panels concerning professional ethics and eminent domain in the post-Kelo era.

Click here for details

Statewide Ballot Measures Qualify in California & Idaho
This fall voters in California and Idaho will face ballot measures combining eminent domain provisions with regulatory takings language modeled on Oregon's Measure 37. Broad coalitions including local government, planners, business leaders and environmentalists are working to defeat these measures. Similar ballot measures linking eminent domain and takings are pending in Arizona, Colorado, Montana, and Nevada.

Bills Vetoed in Three States
During the nationwide flurry of state eminent domain legislation, three governors opted to veto potential legislation. Vetoes were issued in Arizona, Iowa, and New Mexico. Arizona Gov. Janet Napolitano argued that protections already existed in state law and legal precedent. In New Mexico, Gov. Bill Richardson felt the bill passed by the legislature was too ambiguous in key sections and could potentially cause undue harm. He has appointed a state commission to make recommendations on eminent domain reform. All the governors indicated a desire to avoid unintended consequences from overly broad legislation.

Orange County Voters Approve Eminent Domain Ballot Measure
On June 6, 2006, voters in Orange County, California, overwhelmingly backed 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 has qualified for the ballot.

Bush Signs Executive Order
To mark the one-year anniversary of the Kelo decision, President George W. Bush signed an Executive Order on eminent domain. The new order requires that any federal agency using eminent domain do so for a public use. The order is largely symbolic given the limited use of eminent domain directly by the federal government. The Executive Order does not affect the use of eminent domain by state or local governments for projects involving federal funds, which is the subject of legislation still pending in Congress.

Click on a link for details of state legislation:

Enacted Legislation in 2006

Vetoed

Passed One Chamber

Defeated / Died in Committee

Referendum / Constitutional Amendment

Map of States' Legislation Status