Nevada Property Owners Bill of Rights, Question 2 (2006)
|Voting on Property|
|Not on ballot|
The Nevada Property Owners Bill of Rights Amendment, also known as Question 2 or PISTOL (People's Initiative to Stop the Taking of Our Land), was an initiated constitutional amendment on the November 7, 2006 ballot in Nevada, where it was approved.
The proposed amendment was again approved by voters in 2008, as required by Nevada law.
|Question 2 (Property Owners Bill of Rights)|
Official results via: Nevada Legislative Counsel Bureau - Research Division
Text of measure
The question as it appeared on the ballot:
- Shall Article 1 of the Nevada Constitution be amended in order: to provide that the transfer of property from one private party to another private party is not considered a public use; to provide that property taken for a public use must be valued at its highest and best use; to provide that fair market value in eminent domain proceedings be defined as the “highest price the property would bring on the open market;” and to make certain other changes related to eminent domain proceedings?
The language that appeared in the voter's guide:
- The proposed amendment, if passed, would create a new section within Article 1 of the Nevada Constitution. The amendment provides that the transfer of property taken in an eminent domain action from one private party to another private party would not be considered taken for a public use.
- The State or its political subdivisions or agencies would not be allowed to occupy property taken in an eminent domain action until the government provides a property owner with all government property appraisals. The government would have the burden to prove that any property taken was taken for a public use.
- If property is taken by the State or its political subdivisions or agencies for a public use, the property must be valued at its highest and best use. In an eminent domain action, just compensation would be considered a sum of money that puts a property owner in the same position as if the property had not been taken, and includes compounded interest and reasonable costs and expenses. Fair market value, for eminent domain purposes, would be defined as the "highest price the property would bring on the open market."
- If property taken in an eminent domain proceeding is not used for the purpose the property was taken for within five years, the original property owner would be able to reclaim the property upon repayment of the original purchase price.
- List of Nevada ballot measures
- Nevada 2006 ballot measures
- 2006 ballot measures
- Nevada Property Owner's Bill of Rights Amendment, Question 2 (2008)
- Ballot Question Guide with Election Results
- Election results for Nevada 2006 ballot measures
- Nevada Voter Guide for 2006 ballot measures