NAHB’s Eminent Domain Toolkit Now Available

The U.S. Supreme Court in Kelo held that states could enact stricter limits on the use of eminent domain than are provided for in the U.S. Constitution.  In response to that holding, legislation seeking to curb the exercise of eminent domain to take private property has been introduced in over 40 states.  To help local and state home builder associations confronted with eminent domain-related legislation (and their counsel), NAHB has compiled an Eminent Domain Legislative Strategy Toolkit.  The first piece, “A Guide for Eminent Domain Legislation” provides local and state affiliates 12 legislative language options that can be used when considering whether to revise eminent domain statutes.  The options are divided into four categories. 

• Section I: Three options.  Highlight the definition of “public use” to specific types of projects.
• Section II: Three options.  Concern taking both blighted and non-blighted property. 
• Section III: Four Options.  Deal with whether the property taking is specifically for economic development purposes.
• Section IV: Two options.  Provide limitations on resale and reversion of condemned property. 

Notes after each of the options are included in the guide, providing affiliates with useful information to craft broadly-based legislative strategies.  In addition, the guide includes background information on seminal eminent domain court cases, serving as an easy-to-read eminent domain legal primer for those new to the issue. 

 The second part of the toolkit consists of state-by-state breakdowns of eminent domain statutes, court cases, and constitutional language.  The breakdowns complement the legislative options and notes provided in the guide and should be referenced whenever a decision has been made to revise eminent domain statutes.

 Please click here to access the Toolkit.  [ return to top ]