MORE KELO BACKLASH, this time in Alabama:
Alabama yesterday became the first state to enact new protections against local-government seizure of property allowed under a Supreme Court ruling that has triggered an explosive grass-roots counteroffensive across the country. . . .
The backlash against the judicial ruling has not received much attention in the national press, although legislative leaders in more than two dozen states have proposed statutes and/or state constitutional amendments to restrict local governments’ eminent-domain powers.
Besides Alabama, legislation to ban or restrict the use of eminent domain for private development has been introduced in 16 states: California, Connecticut, Delaware, Florida, Illinois, Kentucky, Massachusetts, Michigan, Minnesota, New Jersey, New York, Oregon, Pennsylvania, Rhode Island, Tennessee and Texas.
Legislators have announced plans to introduce eminent-domain bills in seven more states: Alaska, Louisiana, Oklahoma, Ohio, South Dakota, South Carolina and Wisconsin, and lawmakers in Colorado, Georgia and Virginia plan to act on previously introduced bills.
In addition, public support is being sought for state constitutional prohibitions in several states — Alabama, California, Florida, Michigan, New Jersey and Texas.
I guess my prediction (“I suspect that this decision — somewhat like Bowers — will cause a lot of activists to shift their focus to state legislatures and state courts”) has been borne out. (More on that here.)