It is not surprising that eminent domain has become THE issue du jour for many states. As predicted in the October, 2005 Heads-Up "2005 Legislative Summary and 2006 Preview" (http://www.caionline.org/govt/news/legislative_trends.pdf), this issue is garnering a great deal of attention across the states: as of mid-January, over 30 legislative proposals deal with some type of eminent domain-related topic. Interestingly, while these bills are diverse in their focus—compulsory purchase, property appropriation, limitation of power, or condemnation—they all contain the underlying theme of states rights.
As with any issue that moves from state-to-state, this legislation varies in scope and purpose. Some states are trying to define what constitutes a public purpose, while others ponder what is involved with exercising the power of eminent domain for purposes of urban development, and others try to determine whether a state eminent domain ombudsman is necessary. For a review of bills on this issue, members can sign into the Advocacy Center and via the 1/18/06 update, access a mid-January listing of these bills.
This issue could turn into one of those feel good political throw-aways that often crop up in election speeches: respecting the sovereignty of the homeowner except under "exceptional circumstances" ....