Planning On The Ballot

More than a year after Suzette Kelo and several of her neighbors in New London, Conn., lost their battle against eminent domain in the United States Supreme Court, the reaction to the ruling has made property rights one of the most closely watched ballot measures nationwide.

Already, 30 state legislatures have enacted restrictions on eminent domain in response to the ruling. Now voters here [in Idaho] and in 11 other states will consider property rights measures in November, making it the election's most prevalent ballot issue.

Most of the measures would limit eminent domain to some degree, while others in Western states, would go further, imposing new restrictions on government's ability to enforce zoning laws, even if those laws are intended to reduce sprawl and improve safety....

"The thing is an abomination, the way it's written, the way it's being sold," said Nils Ribi, a City Council member in nearby Sun Valley who opposes the Idaho measure.

Supporters of the ballot measures in the West - often called "kelo plus" - say they want to stop so-called regulatory takings, the idea that government effectively takes private property when zoning laws limit how it can be used.