Legislative Center

In Kelo v. City of New London, the U.S. Supreme Court held that anyone’s home or business can be taken if the government thinks someone else can make more money with the land. The floodgates to eminent domain abuse have busted open. However, there is a silver lining. The court said, “Nothing in our opinion precludes any State from placing further restrictions on its exercise of the takings power.” Heeding public outcry in the wake of Kelo, legislators at every level of government are taking a closer look at eminent domain laws.

As a citizen, you have the power to persuade your elected officials to pass meaningful laws in the wake of Kelo. We encourage you to review passed legislation, contact your representatives and join the Castle Coalition.

As a legislator, you have the historic opportunity to write and pass legislation that will restrict eminent domain to its constitutional limits. We urge you to take a stand for property rights, and to support pending legislation that will stop this abuse of government power. If you’re assessing current bills or writing your own, check out our model legislation or contact us—we’re willing to work with anyone interested in helping people keep what’s rightfully theirs.

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Eminent Domain Legislation Status Map

Legislative Action Since Kelo Model Legislation
50 State Report Card: Tracking Eminent Domain Reform Legislation since Kelo

Published August 2007

View: State Constitutional Amendments

View: State Statutes Limiting Eminent Domain Abuse

View: Charter Provision or Ordinance for Local Governing Body

Legislative Resources  Reform
Kelo v. City of New London: Why eminent domain reform is urgently needed in the wake of Kelo.
IJ’s seven-page white paper, published 2005.

State Constitutions: Current Constitutional Provisions About Eminent Domain

View: All Local Bills

View: Passed State Legislation

View: Federal Bills