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New Hampshire tries to rein in eminent domain abuse

Wednesday, March 22nd, 2006 By Matthew Hisrich

["N.H. Lawmakers OK Eminent Domain Limits," Associated Press, 22 March 2006.]

As states wrestle with the Supreme Court’s controversial ruling on eminent domain, it is becoming clear that many are unwilling to let the decision stand unchallenged. Ohio policymakers should keep an eye on developments such as this as citizens continue to cry out against unreasonable land takings:

New Hampshire lawmakers gave preliminary approval Wednesday to a constitutional amendment that would limit government’s ability to seize private property.

The measure was prompted by U.S. Supreme Court ruling last year that allowed New London, Conn., to take a group of older homes along the waterfront and turn them over to a developer who plans to build offices, a hotel and convention center.

The state House and Senate voted overwhelmingly in favor of identical resolutions. For the measure to win approval, both chambers must pick one resolution and pass it.

Then the amendment would be put to a statewide vote, probably in November. Two-thirds approval would be needed for ratification.

The amendment would prohibit the taking of private property for use by private developers.

[Samuel R. Staley, Ph.D., "Eminent Domain a Tool of Last Resort - Not a first option for development," The Buckeye Institute, 26 April 2004.]

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