The Houston Chronicle reports that by a 9 to 2 vote, the Mississippi Supreme Court ruled that an initiative that, if passed by the voters, would forbid eminent domain takings for “economic development,” will stay on the ballot as intended by its promoters, notably the Mississippi Farm Bureau Federation. Allies of Mississippi Governor Haley Barbour, have contended that under Mississippi law the state Bill of Rights may not be amended by initiative without legislative approval.
The court did not reach the merits of the contention that the eminent domain initiative (along with an initiative on abortion, which was also on the ballot) should be removed from the ballot. It ruled instead that to pass on the legality of the initiative now would be premature because it would amount to an impermissible advisory opinion. So the matter will have to await the next Mississippi election, and the issue of the initiative’s validity will become ripe for judicial review if and when it passes and becomes law.
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