The ballot question 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.

The state Legislature is in the process of putting its own eminent domain measure on the ballot in 2010 because of concerns over some elements of the proposed constitutional amendment. 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 ballot questions were placed on the ballot by the Nevada Legislature.

Question 4, which would have given state lawmakers more leeway in making minor changes to the state Sales and Use Tax Act of 1955, was defeated.

Question 1, a measure to delete an outdated and unconstitutional 30-day voter residency requirement from the Nevada Constitution, was headed for defeat, while voters approved Question 3, a new constitutional measure imposing restrictions on tax exemptions, including a requirement that any exemptions be tied to an expiration date.

The Review-Journal contributed to this report.