The final paragraph of the majority opinion in Kelo essentially invited legislatures to make their own rules on eminent domain if they didn't like the decision. Almost every state commenced to do just that.
Delaware moved first, permitting eminent domain to be used only for a recognized public purpose. Alabama, Ohio and Texas passed bills barring the use of eminent domain to increase tax revenue or promote private development. In November, Michigan voters will cast ballots on an amendment that would prohibit the taking of property for economic development.
In recent weeks, Utah, Kansas and New Hampshire limited eminent domain, as did Indiana, Idaho, West Virginia, South Dakota and Wisconsin. Maryland has more than 40 Kelo-inspired eminent domain bills pending. California has at least a dozen.
Obviously, the court touched a nerve. But the reaction was both broad and swift. Stateline.org reported on the backlash against the decision only a month after the decision came down.