Proposition 2

Proposition 2 is an initiative for limiting eminent domain when used for economic development, defining land use law and permitting just compensation for regulatory takings.

 A YES vote would expand the definition of eminent domain and provide further limitations on its use. A NO vote would make changes to the current definition and use of eminent domain.

Changes would amend Idaho Code section 7-701 to provide limitations on eminent domain for private parties and urban renewal or economic development purposes and provide further review involving eminent domain.

Argument in favor of Proposition 2

Under current Idaho law, property owners can fight for just compensation when property is taken by eminent domain. However, when zoning ordinances or other land-use laws diminish the value of private property there is no just compensation.

Voting YES on Proposition 2 allows property owners to go to court and determine the amount of value that was taken by the land-use law and receive just compensation. Voting YES on Proposition 2 prevents using eminent domain for private economic development in Idaho. Currently, the threat of eminent domain or regulatory takings can force property owners to settle for less than what they could get on the open market. Government acquisitons can be by regulatory action or eminent domain. Voting YES on Proposition 2 will prevent abuse and make the government act like a good neighbor.

Argument against Proposition 2

Those who oppose voting YES on Proposition 2 see the proposition as a tax trap because Idaho property taxpayers would be forced to pay millions to opportunists and special interests.

Under Proposition 2 no recourse can be taken if, for example, someone wants to locate a junkyard or gravel pit next to your home, because either property taxes pay the person not to do it or the investment and value in the property declines.

Those against Proposition 2 believe the eminent domain section is included only to distract attention from the initiative’s real purpose – gutting local planning that protects our communities and property values and allowing
opportunists to prey on Idaho property tax-payers.

Jessica Christensen

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