Regulatory Takings Ballot Measures Across America

Attack of the Measure 37 Clones

In 2004, voters in Oregon approved a sweeping regulatory takings ballot initiative known as Measure 37. The measure undoes a wide swath of legal and legislative precedent by allowing individual landowners to claim compensation from the local community for any decrease in property value due to planning, environmental or other government safeguards.

As expected, radical property rights organizations have seized on the passage of Measure 37 to promote similar ballot measure in other states. These same advocates are also attempting to tap into public sentiment on eminent domain. Many of the Measure 37 "clones" are being quietly folded into ballot measures ostensibly aimed at eminent domain.

Regulatory takings initiatives threaten a wide array of planning, environmental, historic preservation, and land conservation measures. APA will monitor these proposed initiatives and provide regular updates, as well as resources to protect good planning, fairness, and communities of lasting value in your state.

Click here for a map of regulatory takings initiatives and legislation

Join the Discussion of The Good News About Takings
The Good News About Takings was a January 2007 selection of APA's Planners Book Club. Start a discussion group in your office or with your commission with APA's suggested questions and supplemental readings. Click here to begin.

State and Local Regulatory Takings Ballot Measures

Updated December 6, 2006

Takings Ballot Initiatives – Defeated (3)

California — Proposition 90
Defeated 47.5%–52.5%

Idaho — Proposition 2
Defeated 24%–76%

Washington — Initiative 933
Defeated 42%–58%

Takings Ballot Initiatives – Passed (1)

Arizona — Proposition 207
Approved 65%–35%

Takings Ballot Initiatives – Removed from Ballot (5)

Colorado
A takings and eminent domain ballot measure qualified for the ballot in Colorado, however the measure was withdrawn by the initiative sponsor, as permitted by state law, as part of a political compromise.

Missouri
The Missouri Secretary of State has rejected both an eminent domain / regulatory takings ballot measure and a "Tax Payer Bill of Rights" measure from consideration for the November ballot. Both were struck on technical grounds, so supporters may try to come back in 2008. The takings / eminent domain measure was rejected due to problems meeting the statutory requirements for the ballot title and fiscal impact statement. The TABOR measure was filed incorrectly.

Montana — Initiative 152
The Montana Supreme Court upheld a lower court ruling that the signature gathering effort for I-152 was fraudulent. The measure was struck from the ballot.

Nevada — Constitutional Amendment
The Nevada Supreme Court ruled that the originally submitted ballot language did not comply with state requirements that ballot measures address only a single issue. The ballot language was amended by removing the regulatory takings provisions. The resulting eminent domain only measure was allowed on the ballot.

Oklahoma
A group called Oklahomans in Action, modeled on Oregonians in Action and funded by Americans for Limited Government, attempted to place an eminent domain initiative on the statewide November ballot that would have included regulatory takings language. The initiative was known as "The Protect Our Homes Initiative." The same organization also promoted a Taxpayer Bill of Rights (TABOR) measure for the ballot. The Oklahoma Supreme Court ruled the proposed initiative unconstitutional based on the fact that it addressed more than one public policy issue as called for under state law. The justices ruled, 6–3, that eminent domain and regulatory takings were effectively separate issues.

Eminent Domain Ballot Measures – Passed (10)

Arizona (as part of Proposition 207)
Approved 65%–35%

Florida
Approved 69%–31%

Georgia
Approved 82.7%–17.3%

Louisiana
Approved 55%–45%

Michigan
Approved 80.1%–19.9%

Nevada (Requires Approval in Consecutive Elections)
Approved 63.11%–36.89%

New Hampshire
Approved 85.66%–14.34%

North Dakota
Approved 67.49%–32.51%

Oregon
Approved 67.11%–32.89%

South Carolina
Approved 86%–14%

Local Regulatory Takings Ballot Measure – Defeated (1)

California - Napa County
County Ballot Measure
Defeated — Yes: 36.4%  No: 63.6%

Local Eminent Domain Ballot Measure – Passed (1)

California – Orange County
County Ballot Measure
Passed — Yes: 75% No: 25%

Taxpayer Bill of Rights (TABOR)
TABOR measures place artificial limits on public revenue and investment by linking spending to growth in population and inflation. TABOR limits government services and investment in infrastructure and vital services.

Qualified for Ballot – Defeated (3)
Maine - Question 1
Defeated 46%-54%

Nebraska - I-423
Defeated 30%-70%

Oregon - Measure 41
Defeated 33%-67%

Failed to Qualify / Removed from Ballot (6)
Michigan
Missouri
Montana
Nevada
Ohio
Oklahoma

APA Resources

APA Policy Guide on Takings

The Good News About Takings

Domestic Policy Watch: Welcome to Oregon 2005

Eminent Domain Legislation Across America

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