Eminent Domain
 The National Conference of State Legislatures is tracking state eminent domain legislation and ballot measures in response to the U.S. Supreme Court's decision on June 23, 2005, in the case of Kelo v. New London. While upholding eminent domain for economic development purposes as a "public use" under Connecticut's statute, the court emphasized that "nothing in our opinion precludes any State from placing further restrictions on its exercise of the takings power."
Thirty-four states enacted legislation or passed ballot measures during 2005 and 2006 in response to the Kelo decision. The remaining 16 states, along with others that had previously passed laws, are considering bills in 2007. The laws and bills generally fall into the following categories:
- Restricting the use of eminent domain for economic development, enhancing tax revenue or transferring private property to another private entity (or primarily for those purposes).
- Defining what constitutes public use.
- Establishing additional criteria for designating blighted areas subject to eminent domain.
- Strengthening public notice, public hearing and landowner negotiation criteria, and requiring local government approval before condemning property.
- Placing a moratorium on the use of eminent domain for a specified time period and establishing a task force to study the issue and report findings to the legislature.
Ten states passed ballot measures in 2006. Six of them were legislative referrals and four were new citizen initiatives.
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