Is The Kelo Backlash Growing?

"As Justice Sandra Day O'Connor argued in dissent, this departed from 200 years of precedent and was an invitation for the politically powerful to use government as an ally against the weak. The one grace note was the majority's concession that 'Nothing in our opinion precludes any State from placing further restrictions on its exercise of the takings power.'

Next week's vote will show just how many Americans are taking up the Court's challenge. No fewer than 11 states (see nearby table) have ballot measures designed to limit government's ability to pilfer private property for someone else's private economic development. Eight initiatives would enshrine those restrictions in state constitutions, and polls show that most are headed for victories."

...At least three of these Kelo initiatives--in California, Arizona, Idaho--also include requirements that states compensate citizens for regulations that devalue property. These measures are, unfortunately, proving a harder sell at the polls, because state politicians are frightening voters with claims that such compensation would bankrupt states."