Florida Voters Protect Property Rights
On November 7, 2006, Florida voters responded to the recent assaults on private property rights by several local governments as well as the Supreme Court's now infamous "Kelo" decision with a resounding approval of a constitutional amendment which provides greater protections for private property rights in the face of eminent domain.
"Amendment 8" passed with a yet-to-be official 69.1 percent of the total Florida vote, and by at least a simple majority in every single Florida county. Amendment 8, which will apply to potential takings initiated on or after January 2, 2007, modifies Article X, Section 6 of Florida's Constitution and requires a supermajority approval from each house of the Florida Legislature before property may be taken via eminent domain and conveyed to a private entity.
Florida was not alone in the charge to restore private property rights. Citizen voters in eight other states also approved ballot measures and initiatives protecting private property rights by limiting government's power to take homes and businesses. Constitutional amendments in states such as Georgia, Michigan, South Carolina and New Hampshire passed with majorities exceeding 80 percent, clearly sending a message to the government that takings for economic development will not be allowed to continue unchecked.