Regulatory Takings Or Eminent Domain?

Property rights initiatives in four western states are hoping to draw in support from voters afraid of the spectre of eminent domain. But many see this as an inaccurate ploy.

1 minute read

October 17, 2006, 8:00 AM PDT

By Nate Berg


"On Election Day, voters in Arizona, California, Idaho, and Washington will face statewide ballot initiatives that would require taxpayers to pay landowners if a zoning rule or environmental law reduces the speculative value of their property. In some places, if a government couldn't pay, it would have to waive rules that limit what, or where, a landowner may build. These "regulatory takings" initiatives are styled after a controversial initiative, Measure 37, that Oregon voters approved in 2004 -- but this time, supporters have a new weapon in their arsenal."

Proponents of these initiatives are pushing them as defense against eminent domain, but this article from Grist outlines the difference between eminent domain and the real purpose of the initiatives, which is to limit 'regulatory takings'.

Monday, October 16, 2006 in Grist

Young Professional

I love the variety of courses, many practical, and all richly illustrated. They have inspired many ideas that I've applied in practice, and in my own teaching. Mary G., Urban and Environmental Planner

I love the variety of courses, many practical, and all richly illustrated. They have inspired many ideas that I've applied in practice, and in my own teaching.

Mary G., Urban and Environmental Planner

Get top-rated, practical training for planners

"Planetizen federal action tracker" logo superimposed over black and white image of US Capitol dome.

Planetizen Federal Action Tracker

A weekly monitor of how Trump’s orders and actions are impacting planners and planning in America.

October 20, 2026 - Zachary Whalen

A pencil rendering of Foundry Park, which shows skyscrapers and public green spaces.

Chicago breaks ground on $3 billion megadevelopment

The new neighborhood, titled Foundry Park, will one day host 3,700 residences.

October 23, 2026 - Chicago Sun Times

A yellow, two-story building named Ferns with two American flags.

This MA town is drowning in its own sewage — and residents like it that way

Susan Murcott, a waste water expert, said if Carlisle didn't address their leaking sewage, the problem could turn “deadly.”

October 22, 2026 - Boston Globe

A pig poking its snout between the bars.

Iowa taxpayers are paying thousands to clean manure out of their water

While the Clean Water Act makes states responsible for regulating factory farms that discharge pollutants, Iowa has turned a blind eye to the polluting farms.

October 27 - Inside Climate News

Amtrak officials cut the ribbon at the new Seattle facility.

Amtrak cuts ribbon on Seattle Airo maintenance facility

The $250 million, nearly 100,000-square-foot building can house an entire Cascades Airo trainset.

October 27 - Railway Supply

One of Google's power plants pumping pollution into the air.

To power data centers, Google seeks autonomous control of thousands of homes’ electricity

The tech company has signed a deal to indirectly pay Mid-Atlantic residents to reduce their power demand when the grid is strained.

October 27 - New York Times