Eminent domain policy ballot measures

Voters have decided on eminent domain policy ballot measures across the U.S. As a state ballot measure topic, eminent domain policy covers measures related to the government's power to take private property for public use, including restrictions on that power and compensation requirements. The topic is grouped within the infrastructure policy area.

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Upcoming ballot measures

See also: 2026 ballot measures and 2027 ballot measures

The following is a list of state ballot measures related to this topic that are certified or potential for this year and future elections:

2026

1. South Dakota Prohibiting the Transfer of Private Property to Non-Governmental Entities for Economic Development or Increased Tax Revenue Amendment (2026) - Potential

List of state ballot measures

Click the tabs to view state ballot measures related to this topic, organized by year or state.

Years

States

2026

1. South Dakota Prohibiting the Transfer of Private Property to Non-Governmental Entities for Economic Development or Increased Tax Revenue Amendment (2026) - Potential

2012

1. Virginia Eminent Domain Amendment, Question 1 (2012)

2011

1. Mississippi Eminent Domain Amendment, Initiative 31 (2011)

2010

1. Massachusetts Question 2, Repeal of Comprehensive Permitting Process for Subsidized Housing Initiative (2010)
2. Nevada Question 4, Eminent Domain Amendment (2010)

2009

1. Texas Proposition 11, Eminent Domain Restrictions Amendment (2009)

2008

1. California Proposition 98, Eminent Domain and Rent Control Prohibition Amendment (June 2008)
2. California Proposition 99, Rules Governing Eminent Domain Amendment (June 2008)
3. Louisiana Blighted Property Act, Amendment 6 (2008)
4. Louisiana Expropriated Property Act, Amendment 5 (2008)
5. Nevada Question 2, Property Rights and Eminent Domain Initiative (2008)

2007

1. Texas Proposition 7, Sale of Eminent Domain Property Amendment (2007)

2006

1. Arizona Proposition 207, Eminent Domain Homeowners Rights Initiative (2006)
2. California Proposition 90, Limits on Government's Power of Eminent Domain Amendment (2006)
3. Florida Amendment 8, Transfer of Property Taken Through Eminent Domain Amendment (2006)
4. Georgia Amendment 1, Eminent Domain Limitation Measure (2006)
5. Idaho Restrict Eminent Domain Initiative, Initiative 2 (2006)
6. Michigan Proposal 06-4, Use of Eminent Domain Amendment (2006)
7. Nevada Question 2, Property Rights and Eminent Domain Initiative (2006)
8. New Hampshire Eminent Domain (2006)
9. North Dakota Taking of Private Property, Measure 2 (2006)
10. Oregon Measure 39, Eminent Domain Limitations (2006)
11. South Carolina Amendment 7, Eminent Domain Act (2006)

2004

1. Oregon Measure 37, Compensation for Land Use Restrictions that Decrease Property Value Initiative (2004)

2002

1. Maryland Eminent Domain Proceedings, Question 3 (2002)

2000

1. Maryland Property for Redevelopment Purposes, Question 2 (2000)

1996

1. Maryland Harford County Property Issues, Question 6 (1996)

1990

1. Oklahoma State Question 624, Compensation for Taking Private Lands Amendment (August 1990)
2. South Dakota Amendment A, Disposition of Private Property Measure (1990)

1988

1. Maryland Land Acquisition in Anne Arundel County, Question 1 (1988)
2. Utah Proposition 2, Require Reapportionment After US Census and Adjust Constitutional Language Amendment (1988)

1983

1. Louisiana Return of Expropriated Property Amendment (October 1983)

1982

1. California Proposition 3, Property Tax Reappraisal Due to Eminent Domain Amendment (June 1982)
2. North Dakota Eminent Domain Payment Choice Referendum, Measure 2 (1982)

1980

1. California Proposition 8, Restrictions on the Delta Usage Amendment (1980)
2. Maryland Land Acquisition in Wicomico County, Question 5 (1980)

1978

1. Georgia Amendment 10, Compensation for Property Taken for Public Transportation Measure (1978)
2. Maryland Acquisition of Land in Anne Arundel County, Question 7 (1978)
3. Maryland Land Acquisition in Kent County, Question 12 (1978)
4. Maryland Repeal Authority for Land Acquisition in Montgomery County, Question 5 (1978)

1976

1. Maryland Acquisition of Land in Anne Arundel County, Question 20 (1976)
2. Maryland Montgomery County Land Acquisition, Question 3 (1976)
3. Massachusetts Question 4, Creation of Massachusetts Power Authority Initiative (1976)

1974

1. California Proposition 7, Revisions to State Constitution’s Declaration of Rights Amendment (1974)
2. Maryland Provisions for Land in Anne Arundel County, Question 1 (1974)

1973

1. Ohio Taking of Property of Sewer and Water Lines Amendment (May 1973)

1972

1. Georgia Amendment 9, Relocation Assistance for Public Projects Amendment (1972)
2. Maryland Montgomery County Land Acquisition, Question 16 (1972)
3. Massachusetts Question 5, Environmental Constitutional Rights Amendment (1972)

1970

1. Arizona Proposition 101, Eminent Domain Compensation Amendment (1970)

1968

1. Maryland Anne Arundel County Land Acquisition, Question 2 (1968)
2. Maryland Prince George's County Land Acquisition, Question 1 (1968)

1966

1. Florida Amendment 11, Condemnation of Property Jury Amendment (1966)
2. Georgia Amendment 3, Eminent Domain and Removal of Advertisements Amendment (1966)
3. Maryland Authority to Take Land in Cecil County, Amendment 11 (1966)
4. Maryland Optional Procedure for Land Acquisition in Prince George's County, Amendment 6 (1966)

1965

1. New York Amendment 5, Authorizing Loans and Eminent Domain for the Development of Housing Facilities Amendment (1965)

1962

1. Maryland Procedure for Taking Property in Baltimore, Amendment 1 (1962)
2. Maryland Procedure for Taking Property in Montgomery County, Amendment 3 (1962)
3. South Dakota Eminent Domain Process Amendment (1962)

1961

1. Alabama Eminent Domain, Amendment 5 (1961)
2. Wisconsin Question 5, Municipal Eminent Domain Amendment (April 1961)

1960

1. Georgia Amendment 9, Payment for Taking Private Property Amendment (1960)
2. Maryland Optional Procedure for Land Acquisition in Baltimore County, Amendment 2 (1960)
3. Maryland Optional Procedure for Land Acquisition in Montgomery County, Amendment 7 (1960)

1958

1. California Proposition 10, Taking of Property for Schools and Airports Amendment (1958)

1956

1. North Dakota Compensation Private Property Taken for Public Use, Referendum 5 (1956)
2. Washington HJR 22, Immediate Possession in Eminent Domain Amendment (1956)

1954

1. Maryland Land Acquisition in Howard and Anne Arundel Counties, Amendment 5 (1954)

1952

1. Maryland Port Development and Land Acquisition, Amendment 1 (1952)

1948

1. Maryland Land Acquisition in Baltimore, Amendment 2 (1948)
2. Maryland Off-Street Parking in Baltimore, Amendment 6 (1948)
3. Wisconsin Question 1, Municipal Eminent Domain Amendment (1948)

1946

1. Maryland Powers of the Baltimore Redevelopment Commission, Amendment 1 (1946)

1942

1. Maryland State Roads Commission Property Acquisition, Amendment 3 (1942)

1936

1. California Proposition 13, Allow Eminent Domain for Fairs and Expositions Amendment (1936)
2. Washington Initiative 119, Production for Use Districts Measure (1936)

1934

1. California Proposition 18, Water and Energy Use, Acquisition, and Development Amendment (1934)
2. California Proposition 21, Taking of Right of Way and Reservoir Lands Amendment (1934)

1930

1. Missouri Proposition 6, Allow for Eminent Domain Initiative (1930)

1928

1. California Proposition 10, Acquisition of Land for Public Improvements Amendment (1928)
2. California Proposition 9, State Right of Way Amendment (1928)
3. Colorado Eminent Domain for City Planning, Measure 3 (1928)
4. Michigan Land for Road Improvements Amendment (1928)

1926

1. Michigan Condemnation of Excess Property for Road Improvements Amendment (1926)

1924

1. California Proposition 17, Eminent Domain Compensation Amendment (1924)

1922

1. Colorado Measure 10, Property Rights for Non-Citizens Amendment (1922)
2. Michigan Excess Condemnation for Public Purposes Amendment (1922)

1920

1. Michigan Condemnation of Excess Property Amendment (1920)
2. Oregon Measure Nos. 300-301, Eminent Domain for Road Use Amendment (May 1920)
3. Washington Eminent Domain for Land Reclamation and Settlement Amendment (1920)

1918

1. California Proposition 13, Property Compensation Amendment (1918)
2. California Proposition 25, Eminent Domain Property Amendment (1918)
3. Massachusetts Question 2, Eminent Domain for Conservation and Use of Natural Resources Amendment (1918)
4. Massachusetts Question 4, Authorize Eminent Domain for Preservation of Historic Property Amendment (1918)

1915

1. California Proposition 8, Condemnation for Public Purposes Amendment (October 1915)

1914

1. Arizona Measure Nos. 320-321, Self-Assessment Property Tax and State Acquisition Initiative (1914)
2. California Proposition 16, Taking of Neighboring Property Amendment (1914)
3. California Proposition 31, Public Utilities Property Valuation Amendment (1914)
4. Wisconsin Question 7, Municipal Eminent Domain Amendment (1914)

1913

1. Maryland Prohibit Laws Authorizing Taking Private Property, Amendment 1 (1913)

1911

1. California Proposition 5, Railroad Eminent Domain Amendment (October 1911)
2. Oklahoma State Question 25, Railroad Property and Eminent Domain Amendment (April 1911)

1908

1. Oregon Measure Nos. 310-311, Free Rail Transportation for State Officers Referendum (June 1908)
2. Washington Eminent Domain for Agricultural, Domestic, Sanitary, and Timber Right-of-Ways Uses Amendment (1908)

1906

1. Washington Allow Eminent Domain for Right-of-Ways in Timber, Lumbering, and Mining Operations Amendment (1906)
2. Washington Water Deemed Public Use for Irrigation, Mining, Manufacturing, and Timber Removal Amendment (1906)

1878

1. Illinois Drainage and Ditches Amendment (1878)

Alabama

1. Alabama Eminent Domain, Amendment 5 (1961)

Arizona

1. Arizona Measure Nos. 320-321, Self-Assessment Property Tax and State Acquisition Initiative (1914)
2. Arizona Proposition 101, Eminent Domain Compensation Amendment (1970)
3. Arizona Proposition 207, Eminent Domain Homeowners Rights Initiative (2006)

California

1. California Proposition 10, Acquisition of Land for Public Improvements Amendment (1928)
2. California Proposition 10, Taking of Property for Schools and Airports Amendment (1958)
3. California Proposition 13, Allow Eminent Domain for Fairs and Expositions Amendment (1936)
4. California Proposition 13, Property Compensation Amendment (1918)
5. California Proposition 16, Taking of Neighboring Property Amendment (1914)
6. California Proposition 17, Eminent Domain Compensation Amendment (1924)
7. California Proposition 18, Water and Energy Use, Acquisition, and Development Amendment (1934)
8. California Proposition 21, Taking of Right of Way and Reservoir Lands Amendment (1934)
9. California Proposition 25, Eminent Domain Property Amendment (1918)
10. California Proposition 3, Property Tax Reappraisal Due to Eminent Domain Amendment (June 1982)
11. California Proposition 31, Public Utilities Property Valuation Amendment (1914)
12. California Proposition 5, Railroad Eminent Domain Amendment (October 1911)
13. California Proposition 7, Revisions to State Constitution’s Declaration of Rights Amendment (1974)
14. California Proposition 8, Condemnation for Public Purposes Amendment (October 1915)
15. California Proposition 8, Restrictions on the Delta Usage Amendment (1980)
16. California Proposition 9, State Right of Way Amendment (1928)
17. California Proposition 90, Limits on Government's Power of Eminent Domain Amendment (2006)
18. California Proposition 98, Eminent Domain and Rent Control Prohibition Amendment (June 2008)
19. California Proposition 99, Rules Governing Eminent Domain Amendment (June 2008)

Colorado

1. Colorado Eminent Domain for City Planning, Measure 3 (1928)
2. Colorado Measure 10, Property Rights for Non-Citizens Amendment (1922)

Florida

1. Florida Amendment 11, Condemnation of Property Jury Amendment (1966)
2. Florida Amendment 8, Transfer of Property Taken Through Eminent Domain Amendment (2006)

Georgia

1. Georgia Amendment 1, Eminent Domain Limitation Measure (2006)
2. Georgia Amendment 10, Compensation for Property Taken for Public Transportation Measure (1978)
3. Georgia Amendment 3, Eminent Domain and Removal of Advertisements Amendment (1966)
4. Georgia Amendment 9, Payment for Taking Private Property Amendment (1960)
5. Georgia Amendment 9, Relocation Assistance for Public Projects Amendment (1972)

Idaho

1. Idaho Restrict Eminent Domain Initiative, Initiative 2 (2006)

Illinois

1. Illinois Drainage and Ditches Amendment (1878)

Louisiana

1. Louisiana Blighted Property Act, Amendment 6 (2008)
2. Louisiana Expropriated Property Act, Amendment 5 (2008)
3. Louisiana Return of Expropriated Property Amendment (October 1983)

Maryland

1. Maryland Acquisition of Land in Anne Arundel County, Question 20 (1976)
2. Maryland Acquisition of Land in Anne Arundel County, Question 7 (1978)
3. Maryland Anne Arundel County Land Acquisition, Question 2 (1968)
4. Maryland Authority to Take Land in Cecil County, Amendment 11 (1966)
5. Maryland Eminent Domain Proceedings, Question 3 (2002)
6. Maryland Harford County Property Issues, Question 6 (1996)
7. Maryland Land Acquisition in Anne Arundel County, Question 1 (1988)
8. Maryland Land Acquisition in Baltimore, Amendment 2 (1948)
9. Maryland Land Acquisition in Howard and Anne Arundel Counties, Amendment 5 (1954)
10. Maryland Land Acquisition in Kent County, Question 12 (1978)
11. Maryland Land Acquisition in Wicomico County, Question 5 (1980)
12. Maryland Montgomery County Land Acquisition, Question 16 (1972)
13. Maryland Montgomery County Land Acquisition, Question 3 (1976)
14. Maryland Off-Street Parking in Baltimore, Amendment 6 (1948)
15. Maryland Optional Procedure for Land Acquisition in Baltimore County, Amendment 2 (1960)
16. Maryland Optional Procedure for Land Acquisition in Montgomery County, Amendment 7 (1960)
17. Maryland Optional Procedure for Land Acquisition in Prince George's County, Amendment 6 (1966)
18. Maryland Port Development and Land Acquisition, Amendment 1 (1952)
19. Maryland Powers of the Baltimore Redevelopment Commission, Amendment 1 (1946)
20. Maryland Prince George's County Land Acquisition, Question 1 (1968)
21. Maryland Procedure for Taking Property in Baltimore, Amendment 1 (1962)
22. Maryland Procedure for Taking Property in Montgomery County, Amendment 3 (1962)
23. Maryland Prohibit Laws Authorizing Taking Private Property, Amendment 1 (1913)
24. Maryland Property for Redevelopment Purposes, Question 2 (2000)
25. Maryland Provisions for Land in Anne Arundel County, Question 1 (1974)
26. Maryland Repeal Authority for Land Acquisition in Montgomery County, Question 5 (1978)
27. Maryland State Roads Commission Property Acquisition, Amendment 3 (1942)

Massachusetts

1. Massachusetts Question 2, Eminent Domain for Conservation and Use of Natural Resources Amendment (1918)
2. Massachusetts Question 2, Repeal of Comprehensive Permitting Process for Subsidized Housing Initiative (2010)
3. Massachusetts Question 4, Authorize Eminent Domain for Preservation of Historic Property Amendment (1918)
4. Massachusetts Question 4, Creation of Massachusetts Power Authority Initiative (1976)
5. Massachusetts Question 5, Environmental Constitutional Rights Amendment (1972)

Michigan

1. Michigan Condemnation of Excess Property Amendment (1920)
2. Michigan Condemnation of Excess Property for Road Improvements Amendment (1926)
3. Michigan Excess Condemnation for Public Purposes Amendment (1922)
4. Michigan Land for Road Improvements Amendment (1928)
5. Michigan Proposal 06-4, Use of Eminent Domain Amendment (2006)

Mississippi

1. Mississippi Eminent Domain Amendment, Initiative 31 (2011)

Missouri

1. Missouri Proposition 6, Allow for Eminent Domain Initiative (1930)

Nevada

1. Nevada Question 2, Property Rights and Eminent Domain Initiative (2006)
2. Nevada Question 2, Property Rights and Eminent Domain Initiative (2008)
3. Nevada Question 4, Eminent Domain Amendment (2010)

New Hampshire

1. New Hampshire Eminent Domain (2006)

New York

1. New York Amendment 5, Authorizing Loans and Eminent Domain for the Development of Housing Facilities Amendment (1965)

North Dakota

1. North Dakota Compensation Private Property Taken for Public Use, Referendum 5 (1956)
2. North Dakota Eminent Domain Payment Choice Referendum, Measure 2 (1982)
3. North Dakota Taking of Private Property, Measure 2 (2006)

Ohio

1. Ohio Taking of Property of Sewer and Water Lines Amendment (May 1973)

Oklahoma

1. Oklahoma State Question 25, Railroad Property and Eminent Domain Amendment (April 1911)
2. Oklahoma State Question 624, Compensation for Taking Private Lands Amendment (August 1990)

Oregon

1. Oregon Measure 37, Compensation for Land Use Restrictions that Decrease Property Value Initiative (2004)
2. Oregon Measure 39, Eminent Domain Limitations (2006)
3. Oregon Measure Nos. 300-301, Eminent Domain for Road Use Amendment (May 1920)
4. Oregon Measure Nos. 310-311, Free Rail Transportation for State Officers Referendum (June 1908)

South Carolina

1. South Carolina Amendment 7, Eminent Domain Act (2006)

South Dakota

1. South Dakota Amendment A, Disposition of Private Property Measure (1990)
2. South Dakota Eminent Domain Process Amendment (1962)
3. South Dakota Prohibiting the Transfer of Private Property to Non-Governmental Entities for Economic Development or Increased Tax Revenue Amendment (2026) - Potential

Texas

1. Texas Proposition 11, Eminent Domain Restrictions Amendment (2009)
2. Texas Proposition 7, Sale of Eminent Domain Property Amendment (2007)

Utah

1. Utah Proposition 2, Require Reapportionment After US Census and Adjust Constitutional Language Amendment (1988)

Virginia

1. Virginia Eminent Domain Amendment, Question 1 (2012)

Washington

1. Washington Allow Eminent Domain for Right-of-Ways in Timber, Lumbering, and Mining Operations Amendment (1906)
2. Washington Eminent Domain for Agricultural, Domestic, Sanitary, and Timber Right-of-Ways Uses Amendment (1908)
3. Washington Eminent Domain for Land Reclamation and Settlement Amendment (1920)
4. Washington HJR 22, Immediate Possession in Eminent Domain Amendment (1956)
5. Washington Initiative 119, Production for Use Districts Measure (1936)
6. Washington Water Deemed Public Use for Irrigation, Mining, Manufacturing, and Timber Removal Amendment (1906)

Wisconsin

1. Wisconsin Question 1, Municipal Eminent Domain Amendment (1948)
2. Wisconsin Question 5, Municipal Eminent Domain Amendment (April 1961)
3. Wisconsin Question 7, Municipal Eminent Domain Amendment (1914)

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