Property Fairness

State Regulatory Takings Ballot Measures

In 2004, voters in Oregon approved a sweeping regulatory takings ballot initiative titled 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, and versions of Measure 37 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.

Eminent Domain Legislation Across America

Few issues have captured the attention of state legislatures in recent years as dramatically as eminent domain has in the wake of last year's U.S. Supreme Court ruling in Kelo v. City of New London. Various versions of eminent domain reform are or have been considered in 45 states. Proposals range from broad, constitutional prohibitions to procedural changes in the use of eminent domain.

APA is closely monitoring state action on this important planning issue. APA believes states, not the federal government, are the appropriate venue for redevelopment reform. Reform done right will guarantee fairness while benefiting communities. However, legislation must be carefully crafted to avoid unintended consequences that threaten to hobble the ability of local citizens to improve their neighborhoods and quality of life.