NV: Court Rules Measure 37 Clone Violates Single Subject Rule

A court ruling out of Nevada makes clear legally what has been apparent from the beginning: the Measure 37 clones moving around the country violate single subject rules. The initiatives, part of the Howard Rich package, combine post-Kelo eminent domain changes with other measures effectively preventing new land use planning rules. Combinging the two measures into single ballot initiatives was a strategic decision made to use momentum from the Kelo decision to enact a radical understanding of "takings." Fortunately, many states require that initiatives only have a single subject. Combining two measures into a single initiative to dupe the public is illegal. The Nevada Supreme Court saw through the measure and eliminated the portions dealing with regulatory takings, holding that the provisions fell outside the scope of the initiative's subject.