STATE BALLOT QUESTION

Nevada voters will get to weigh in on four statewide questions on the November ballot, including the second and final vote on a measure that will restrict the ability of government to take private land, a process called eminent domain.

The eminent domain measure is Question 2 on the ballot. It passed once already, in 2006, with strong voter support after being put on the ballot by those seeking reform to the eminent domain process.

The initiative would make it illegal for state and local governments to force property owners to sell land for use in private projects. Such seizures for public works would remain legal, but they would face new hurdles.

Because of concerns over some elements of the proposed constitutional amendment, the Nevada Legislature is in the process of putting its own eminent domain measure on the ballot in 2010. If approved, it would alter some of the provisions of Question 2 but preserve the prohibition on the taking of private property to benefit another private entity.

The other three questions were placed on the ballot by the Nevada Legislature. They are:

• Question 1, which would amend the state constitution to remove an unconstitutional requirement that a person must reside in Nevada for six months before being eligible to vote.

Lengthy residency requirements have been found unconstitutional by the U.S. Supreme Court.

State law already imposes a less restrictive 30-day residency requirement.

• Question 3, which would amend the state constitution to require the Legislature to make certain findings before it could approve a property or sales tax exemption.

The Legislature would have to make formal findings regarding the social or economic benefits of such an exemption before it could be approved. Such formal findings are not required now.

• Question 4, which would amend the state Sales and Use Tax Act to authorize the Legislature to amend or repeal provisions to comply with federal law or interstate agreements without going to the voters for approval.

The measure does not permit the Legislature to increase the rate of the sales tax without voter approval.

Contact reporter Sean Whaley at swhaley@reviewjournal.com or 775-687-3900.