JURIST Supported by the University of Pittsburgh
PAPER CHASE NEWSBURSTDigest RSS feedFull RSS feed
Serious law. Primary sources. Global perspective.


Wednesday, November 03, 2010

Nevada voters reject eminent domain ballot measure
John Paul Putney at 2:54 PM ET

Photo source or description
[JURIST] Nevada voters rejected [official results] a ballot measure Tuesday to amend the state constitution [text] to repeal and amend provisions relating to the government's use of eminent domain to acquire private property. The amendment [summary, PDF] sought to define five exceptions to a general prohibition against exercising eminent domain to transfer property from one private party to another. In addition, the amendment defined "fair market value" and "just compensation" and shielded parties involved in eminent domain proceedings from being held liable for the other party's attorney's fees.

The measure would have repealed section 22, know as the People's Initiative to Stop the Taking of Our Land (PISTOL), which passed in 2006 and 2008 [JURIST reports] with 60 percent of the votes and remains a popular initiative [KOLO report]. Advocates of the measure claimed that, while well-intentioned, PISTOL contained several flaws that wasted taxpayer money on unnecessary lawsuits and interfered with efforts to maintain infrastructure including schools, roads, water supply and sewage systems. Advocates also noted that the changes were supported by government, private businesses, the public and even the original sponsors of PISTOL. Prominent Las Vegas eminent domain lawyer and PISTOL drafter, Kermitt Waters, indicated that all the core elements of PISTOL remain [Las Vegas Sun report]. Critics of the ballot measure claimed it would weaken the protections contained in PISTOL, expanding the government's power to use eminent domain.




Link |  | print | subscribe | RSS feeds | latest newscast | Facebook page

For more legal news check the Paper Chase Archive...


LATEST LEGAL NEWS

 Illinois Senate approves medical marijuana bill
12:47 PM ET, May 18

 Portugal expands adoption rights for same-sex couples
12:10 PM ET, May 18

 Colorado sheriffs challenge new gun control laws
11:08 AM ET, May 18

 click for more...

Get JURIST legal news delivered daily to your e-mail!

LATEST FORUM

In Alabama, "Back Door" Restrictions on Abortion and Roe
DOMESTIC
LaJuana Davis
Cumberland School of Law

ABOUT

Paper Chase is JURIST's real-time legal news service, powered by a team of 30 law student reporters and editors led by law professor Bernard Hibbitts at the University of Pittsburgh School of Law. As an educational service, Paper Chase is dedicated to presenting important legal news and materials rapidly, objectively and intelligibly in an accessible, ad-free format.

CONTACT

Paper Chase welcomes comments, tips and URLs from readers. E-mail us at JURIST@jurist.org