How many of you have paid attention to how your State handled the public outcry, after the notorius Kelo decision (eminent domain) in July of 2005?
There were two polls taken after the Kelo decision.
American Farm Bureau Federation Survey, Oct. 29- Nov. 2, 2005, Zogby International. Question wording: “Do you strongly agree, somewhat agree, somewhat disagree, or strongly disagree with the recent Supreme Court ruling that allowed a city in Connecticut to take the private property of one citizen and give it to another citizen to use for private development?”
2% agreed / 95% disagreed.
The Saint Index Poll, Oct.-Nov. 2005, Center for Economic and Civic Opinion at University of Massachusetts/Lowell. Question wording: “The U.S. Supreme Court recently ruled that local governments can take homes, business and private property to make way for private economic development if officials believe it would benefit the public. How do you feel about this ruling?”
18% agreed / 81% disagreed.
The wording of the question obviously reflects how people voted in these polls.
How did your state fare in dealing with this public backlash? The following table is from Prof. Somins paper.
Prof. Somin details in her monograph, why certain States laws are ineffective. A good read if you are at all interested in this stuff.
THE LIMITS OF BACKLASH: ASSESSING THE POLITICAL RESPONSE TO KELO
Ilya Somin, George Mason University School of Law
March 2007
This paper can be downloaded without charge from the Social Science Research Network at http://ssrn.com/abstract_id=976298
There were two polls taken after the Kelo decision.
American Farm Bureau Federation Survey, Oct. 29- Nov. 2, 2005, Zogby International. Question wording: “Do you strongly agree, somewhat agree, somewhat disagree, or strongly disagree with the recent Supreme Court ruling that allowed a city in Connecticut to take the private property of one citizen and give it to another citizen to use for private development?”
2% agreed / 95% disagreed.
The Saint Index Poll, Oct.-Nov. 2005, Center for Economic and Civic Opinion at University of Massachusetts/Lowell. Question wording: “The U.S. Supreme Court recently ruled that local governments can take homes, business and private property to make way for private economic development if officials believe it would benefit the public. How do you feel about this ruling?”
18% agreed / 81% disagreed.
The wording of the question obviously reflects how people voted in these polls.
How did your state fare in dealing with this public backlash? The following table is from Prof. Somins paper.
Table A1:
Post-Kelo Reform in States Ranked by Number of “Threatened” Private-to-Private Condemnations
Post-Kelo Reform in States Ranked by Number of “Threatened” Private-to-Private Condemnations
Code:
State Number of Effectiveness of Reform
Threatened
Takings
Florida 2,055 Effective (L & LR)
Maryland 1,110 No Reform
California 635 Ineffective (L)
New Jersey 589 No Reform
Missouri 437 Ineffective (L)
Ohio 331 Ineffective (L)
Michigan 173 Effective (L & LR)
Utah 167 Enacted Prior to Kelo
Kentucky 161 Ineffective (L)
Texas 118 Ineffective (L)
Colorado 114 Ineffective (L)
Pennsylvania 108 Effective (L)
New York 89 No Reform
Minnesota 83 Effective (L)
Rhode Island 65 No Reform
Connecticut 61 No Reform
Indiana 51 Effective (L)
Arkansas 40 No Reform
Tennessee 37 Ineffective (L)
Virginia 27 No Reform
Nevada 15 Effective (CR)
Vermont 15 Ineffective (L)
West Virginia 12 Ineffective (L)
Nebraska 11 Ineffective (L)
Arizona 10 Effective (CR)
Illinois 9 Ineffective (L)
Kansas 7 Effective (L)
South Carolina 7 Ineffective (LR)
Hawaii 5 No Reform
Massachusetts 4 No Reform
Oregon 2 Effective (CR)
Delaware 0 Ineffective (L)
Georgia 0 Effective (L & LR)
Idaho 0 Effective (L)
South Dakota 0 Effective (L)
Wyoming 0 No Reform
Alabama 0 Effective (L)
Alaska 0 Ineffective (L)
Iowa 0 Ineffective (L)
Louisiana 0 Effective (LR)
Maine 0 Ineffective (L)
Mississippi 0 No Reform
Montana 0 No Reform
New Hampshire 0 Effective (L & LR)
New Mexico 0 No Reform
North Carolina 0 Ineffective (L)
North Dakota 0 Effective (CR)
Oklahoma 0 No Reform
Washington 0 No Reform
Wisconsin 0 Ineffective (L)
L=Reform enacted by state legislature;
CR=Reform enacted by citizen-initiated referendum;
LR=Reform enacted by legislature-initiated referendum.
Prof. Somin details in her monograph, why certain States laws are ineffective. A good read if you are at all interested in this stuff.