Eminent Domain Limitations May Stand In Arizona

"The Supreme Court on Wednesday upheld a judge's ruling allowing Proposition 207 to go on Tuesday's state general-election ballot but erased the judge's finding that the measure apparently violated a requirement that some propositions include a funding source for implementation costs."

"The Supreme Court issued its unanimous ruling one day after Arizona voters overwhelmingly approved the measure restricting the state's use of eminent domain and ensuring compensation for a property owner whose property values are reduced by government land-use laws."

The issue of legality over the Arizona initiative revolves around a recently passed state law that requires initiatives to identify funding sources for any costs they create. Though the initiative passed, it may still be subject to legal review.

While Arizona and seven other states approved initiatives to limit government's use of eminent domain or to require compensation to owners of acquired property, voters in California, Idaho and Washington rejected these limitations.