Eminent Domain Use and Abuse: Kelo in Context Private-property advocates placed measures on Tuesday’s ballot in 11 states that would restrict “eminent domain,” the government’s right to take private property. Residents of at least eight states have voted to prohibit what happened to Susette Kelo from happening in their home towns. Voters on Tuesday responded by voting in favor of the restrictive measures in eight of those initiatives - call it Kelo’s revenge.

Arizona, Florida, Georgia, Michigan, Nevada, North Dakota, Oregon and South Carolina all passed initiatives to restrict the use of eminent domain, in most cases overwhelmingly. In Florida, 69 percent voted yes on an amendment that prohibits using eminent domain to force the transfer of property from one private individual or entity to another. In Georgia, 83 percent voted to approve an amendment to the state constitution that says eminent domain can be used only for public use. A school or park might be okay; the government taking land to give to a mall developer would not be. The most one-sided vote in favor took place in South Carolina, where 86 percent voted yes to an amendment restricting eminent domain for public use only. A ninth state, New Hampshire, was expected to approve a similar initiative, but results would not be made available until late Wednesday, Nov. 8.

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