Mississippi Eminent Domain Amendment, Initiative 31 (2011)

Initiative 31
Type	Constitutional amendment
Origin	citizens
Topic	Eminent domain
Status	Approved a

A Mississippi Eminent Domain Amendment was on the November 8, 2011 general election ballot in the state of Mississippi as an indirect initiated constitutional amendment, where it was approved.

Initiative 31 amended the Mississippi Constitution to prohibit the state of Mississippi and local governments from taking private property by eminent domain and then conveying it to other persons/businesses for a period of 10 years. However, the measure allowed for an exemption for levee facilities, roads, bridges, ports, airports, common carriers, drainage facilities and utilities. The amendment does not apply to public nuisances, structures unfit for human habitation or abandoned property.

Initiative 31 developed out of a 2005 United States Supreme Court ruling in Kelo v. City of New London. The court ruled that the city could in fact take away people's homes and give the property to a private party who could in turn develop the property. The court ruled that the tax revenue would benefit the public and therefore the property was used for the public.

Aftermath

2022 eminent domain bill

In 2022, the state legislature passed and Governor Tate Reeves (R) signed a bill codifying the initiative into state law. After the 2020 medical marijuana initiative and the entire Mississippi initiative process was invalidated in 2021, the Farm Bureau Federation supported the 2022 legislation to prevent possible legal challenges to invalidate the 2011 initiative.

Election results

See also: 2011 ballot measure election results

Mississippi Initiative 31
Result		Votes	Percentage
a Yes		638,527	73.06%
No		235,411	26.94%

Official results via the Mississippi Secretary of State's website.

Text of measure

Title

The title of the proposed amendment read as follows:

Should government be prohibited from taking private property by eminent domain and then transferring it to other persons?

Summary

The summary of the amendment read as follows:

Initiative #31 would amend the Mississippi Constitution to prohibit state and local government from taking private property by eminent domain and then conveying it to other persons or private businesses for a period of ten years after acquisition. Exceptions from the prohibition include drainage and levee facilities, roads, bridges, ports, airports, common carriers, and utilities. The prohibition would not apply in certain situations, including public nuisance, structures unfit for human habitation, or abandoned property.

Fiscal note

According to the Mississippi Legislative Budget Office's fiscal analysis:

There is no determinable cost or revenue impact associated with this initiative.

Support

Initiative 31 was primarily supported by the Mississippi Farm Bureau Federation. Farm Bureau President David Waide said, "Our policy has always been for stronger eminent domain laws. We have a real problem with just anybody taking property away from owners."

Supporters

• Four 2011 candidates for the office of Mississippi Governor stated their support for the amendment. Those candidates were: Phil Bryant, Dave Dennis, Johnny DuPree and Bill Luckett.
• Mississippi Farm Bureau Federation
• Sen. Lee Yancey
• Bob Usey, former State Senator
• Mississippi Attorney General Jim Hood
• Two 2011 candidates for Mississippi Agricultural Commissioner, Cindy Hyde-Smith and Joel Gill

Arguments

• Initiative organizer David Waide argued for the measure, stating, "I believe it's guaranteed in our constitution for every property owner to have the right to our property and not to be worried about government taking it for any reason other than true public use."
• In a letter to the editor of the Sun Herald, state resident J.B. Brown argued for the initiative: "I have no problem with a person selling their property to a business. What I have a problem with, and what is so un-American about the situation, is that government can take your property away from you for a lower price than a business should pay. We can stop this from happening in Mississippi; there is a ballot initiative that would keep the government from taking property and transferring it to a business for a period of 10 years."
• According to a column by Randy Knight, president of the Mississippi Farm Bureau Federation: "Farm Bureau's stance has always been that economic development situations are best handled with a willing buyer and a willing seller. Economic development can and does occur without the use of eminent domain. We need to do everything we can to inhibit government from using eminent domain for private economic development. I urge people to vote "yes" on [Initiative 31]."
  • Knight also stated: "The idea that the law protects people and there's no need for these is just untrue. Mississippi doesn't have the strong reform legislation and the Mississippi Supreme Court hasn't weighed in on it because eminent domain actions have been dropped."
• State Senator Lee Yancey said, "Property rights are one of the most basic rights we have. It's wrong to take people's property and give it to a business so that it can profit off of it."
• Bob Usey, former State Senator in Mississippi stated: "Mississippians should overwhelmingly pass Initiative No. 31. We already have eminent domain procedures in place for "justly taking land" when someone wants to stand in the way of a major highway, bridge, etc. The taking of private property through eminent domain by a governmental body and then transferring it to other persons in the private sector is not right in any society for any reason."
• Incumbent Mississippi Attorney General Jim Hood was a supporter of the measure.
• Two candidates for the position of Mississippi Agricultural Commissioner, Cindy Hyde-Smith and Joel Gill, both gave their support for the measure, stating at the time that they believed it would protect ownership of private property.

Donors

According to the state campaign finance database, there were no registered committees (PACs).

Opposition

Opponents

• Governor Haley Barbour
• Clarion Ledger Editorial Director David Hampton
• State Senator Johnnie Walls

Arguments

• According to Clarion Ledger Editorial Director David Hampton, the initiative and referendum process brought up cause for concern. He wrote, "The idea of initiative and referendum has always worried me. It creates many more problems than it solves. It can result in some downright stupid and dangerous public policy." Later, Ledger commented on the three Mississippi initiatives that were certified for the ballot in 2011: "Mississippians will be asked to vote on three initiatives this year, at least at this point. Two are being challenged in court and may or may not make the ballot in November. We'll see...In my opinion, not only are these items not needed, they actually can do some harm, especially the eminent domain and personhood amendments."
• In a guest editorial in the Clarion Ledger, a writer who was not mentioned by name said, "...voters will need to think long and hard before taking an important tool out of the hands of the people trying to secure jobs for a state that badly needs them."
• Governor Barbour argued, "If this initiative were to pass and go into effect, it would gut state economic development efforts. There is a far better, more effective way to protect private property from improper takings than this."
• Leland Speed, in a letter to the Laurel Leader-Call, argued: "Eminent domain still would be used to acquire land for roads, bridges, airports and other infrastructure projects. Only economic development would be affected by the initiative, and Mississippi would be prevented from competing with other states to attract the jobs we so desperately need. Without eminent domain, Mississippi would never have competed successfully for Nissan, Toyota or the Stennis Space Center. We cannot afford to close the door on future economic development projects that would create thousands of jobs."
• In 2009, Governor Haley Barbour vetoed a bill that proposed limiting the state's authority to take property. Barbour argued such bills would hinder the state's ability to attract industry. Dan Turner, the governor's spokesperson said,"Eliminating eminent domain is a good way to severely hurt Mississippi's ability to compete for economic development and create more and better jobs."
• State Senator Johnnie Walls said, "I have mixed feelings about eminent domain. People need jobs, and I would think the government needs to make sure that there's a valid reason for using (eminent domain)."

Donors

According to the state campaign finance database, there were no registered committees (PACs).

(last updated October 2011)

Media endorsements

See also: Endorsements of Mississippi ballot measures, 2011

Opposition

• The Clarion Ledger expressed their opinion of the measure in an editorial, writing: "What's really frustrating is that Mississippi's eminent domain law already bends over backwards to protect property owners. Unlike some other states, it's frankly just not an issue here. Rather than protecting property owners, the initiative would just kill jobs."

Polls

Legend      Position is ahead and at or over 50%     Position is ahead or tied, but under 50%

See also: Polls, 2011 ballot measures

Public Policy Polling released poll numbers on November 7 that showed the "yes" side with a slight lead going into the November 8 election. The poll was taken of 796 voters between November 4-6.

Date of Poll	Pollster	In favor	Opposed	Undecided	Number polled
November 4-6, 2011	Public Policy Polling	51%	39%	10%	796

Litigation

2011 measure lawsuits
By state
California • Colorado• Illinois Mississippi • Missouri Nebraska • Ohio • Texas Washington
By lawsuit type
Ballot text Campaign contributions Constitutionality Motivation of sponsors Petitioner residency Post-certification removal Single-subject rule Signature challenges Initiative process

It was reported on June 5, 2011 that a lawsuit was filed in Hinds County Circuit Court challenging the ballot measure. The lawsuit was filed against the Mississippi Secretary of State's office by Leland Speed, a Mississippi businessman who was the leader of the Mississippi Development Authority. However, Speed stated that he filed the lawsuit as a private citizen. According to Speed: “This initiative will hurt opportunities for thousands of Mississippians for better jobs and for better lives."

Specifically, the lawsuit challenged that the measure was unconstitutional, as Speed argued that it attempted to amend the state's Bill of Rights, which he said cannot be changed by initiative.

A preliminary hearing was scheduled for July 25, 2011.

The court was scheduled to hear arguments on July 25, 2011. The presiding judge on the case was Circuit Judge Winston Kidd. A ruling was expected during that same week.

Ruling and appeal

Kidd ruled on July 29, 2011 that the initiative could stay on the ballot. Kidd ruled that the initiative did not conflict with the Mississippi Constitution's Bill of Rights. Mississippi Governor Haley Barbour, who was against eminent domain restrictions, stated that the ruling could be appealed in the Mississippi Supreme Court.

A three-judge panel with the Mississippi Supreme Court reviewed the ruling, as justices agreed to expedite the appeal. They also requested that paperwork be submitted by August 12, 2011. The measure eventually stayed on the ballot.

Path to the ballot

See also: Mississippi signature requirements

Initiative Filing:

See also: Beginning the initiative process in Mississippi

When introducing a citizen-initiated ballot measure in the state, the first step is to file a typewritten copy of the proposed initiative with the Mississippi Secretary of State. The sponsor has the authority to accept or reject any of the recommendations from the Revisor of the Statutes, who receives the initiative from the secretary. The Attorney General will then draft the ballot title (not exceeding 20 words) and the ballot summary (not exceeding 75 words). The Attorney General will file both the title and summary with the Secretary of State, who will then notify the sponsor by certified mail of the exact language in the ballot title and summary. Once the ballot title and ballot summary have been finalized, the sponsor may begin collecting signatures.

Circulation:

See also: Signature requirements in Mississippi

To qualify for the ballot, its supporters must have garnered about 89,284 valid signatures. According to Mississippi law, the number of signatures collected must be greater than 12% of the total number of votes cast for Governor in the last gubernatorial general election.

Mississippi has a distribution requirement: 20% from each of the five congressional districts. According to Section 273, Paragraph (3) of the Mississippi Constitution, "The signatures of the qualified electors from any congressional district shall not exceed one-fifth (1/5) of the total number of signatures required to qualify an initiative petition for placement upon the ballot. If an initiative petition contains signatures from a single congressional district which exceed one-fifth (1/5) of the total number of required signatures, the excess number of signatures from that congressional district shall not be considered by the Secretary of State in determining whether the petition qualifies for placement on the ballot."

Signature filing and verification:

See also: Signature filing deadlines in Mississippi

On September 30, 2010 supporters submitted petition signatures. The Mississippi Secretary of State certified that 119,692 valid signatures were filed, exceeding the minimum requirements. The measure was referred to the 2011 ballot following certification on October 25, 2010.

Legislative review:

See also: Mississippi Legislature's response to certified initiatives

The measure was an indirect initiated constitutional amendment, which means that it was proposed by citizens through initiative and therefore did not go immediately to the ballot after a successful petition drive to collect sufficient valid signatures. Rather, once the signatures are collected, the amendment that the citizens are proposing must first be submitted to the state legislature for consideration. Only after the state legislature has considered and possibly also taken a limited range of options that may affect the amendment does it go on the statewide ballot for consideration by the voters.

The Mississippi House of Representatives on January 12, 2011 passed a bill similar to the initiative. The measure was sent to the Mississippi State Senate. The measure was not passed by the senate, keeping the measure on the ballot in 2011.

Timeline

The following is a timeline of events relating to the measure:

Event	Date	Developments
Signature gathering	Sept. 12, 2010	Supporters announced they had gathered almost enough signatures to qualify the measure.
Signatures submission	Sept. 30, 2010	Supporters submitted an estimated 119,251 petition signatures.
Signatures verified	Oct. 25, 2010	The Mississippi Secretary of State certified the measure for the 2011 ballot.
Legislative review	Jan. 4, 2011	Initiative presented to Legislature for review.
Legislative action	Jan. 12, 2011	The Mississippi House of Representatives passed a bill similar to the initiative, sending it to the state senate.
Voter action	Nov. 8, 2011	Initiative 31 was approved by the voters of the State of Mississippi
Vote certification	Dec. 8, 2011	Final election results were certified

Similar measures

The following are measures that have been on or have been proposed for other statewide ballots:

• The Nevada eminent domain amendment was on the 2010 ballot, where it was approved. The measure prohibited the taking of private property if it was to be transferred to a private party.

• Eminent domain-related measures that did not make a ballot can be found here.

See also

• 2011 ballot measures
• Mississippi 2011 ballot measures

Articles

• Mississippi initiatives presented to Legislature
• Mississippi House passes eminent domain bill; could take initiative off ballot

External links

Suggest a link

• Initiative 31 petition
• Saving My Land (supporters)
• Initiative document presented to Legislature

Additional reading

• The Natchez Democrat, "Eminent domain issue on horizon," October 3, 2010
• Associated Press, "Miss. Farm Bureau pushes property-rights petition," September 14, 2010 (dead link)
• The Greenwood Commonwealth, "Defending land ownership," April 10, 2010 (dead link)
• Associated Press, "Petitions Push Land Rights," April 5, 2010 (dead link)
• First week of session interesting
• Voters to get lesson on initiatives
• Let people decide fate of eminent domain
• Secretary of state to hold hearing around Mississippi on ballot initiatives
• Weighing Personhood Initiative's effects could be profound

Editorials

• Clarion Ledger, "Eminent domain: No 'reform' needed," October 4, 2010
• Clarion Ledger, "Property: Voters should reject petition," April 8, 2010
• Initiatives stack up as a GOP trifecta