Child custody measure, loses, eminent domain comes up big

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Voters have rejected a proposal to revamp North Dakota's child custody laws, but approved constitutional measures to limit the government's right to acquire private property and adjust the way the state manages trust funds.

With 97 percent of the state's precinct's reporting, the child custody measure trailed 57 percent to 43 percent. The proposal to restrict eminent domain was leading 68 percent to 32 percent, and a measure changing trust fund management was leading 67 percent to 33 percent.

The child custody measure drew the most emotional debate of the three, and several voters on Tuesday said it was the one issue that brought them to the polls.

Ashley Helbling, 25, of Bismarck, called the measure "just asinine." Carrie McKay, 35, of Bismarck, said she voted against it because it "doesn't seem right" for the children.

"There are a lot of fathers who need help, too," McKay said. "But they needed to word that differently."

Mitchell Sanderson, of Grand Forks, a sponsor of the child custody measure, said the initiative was hurt by "fear-mongering from attorneys who were protecting their Lexus payment and lake home payment." He said he would attempt to work with the Legislature on a new bill.

"If that doesn't work, I will come back with another initiative that is plain and clear: joint physical custody unless you're found unfit," he said.

Former Attorney General Heidi Heitkamp was a prominent advocate for a proposal to restrict local governments from acquiring land for private economic development projects. The process is known as eminent domain.

"This is great news for property owners and great news for what we believe to be the American way," Heitkamp said of the measure's success Tuesday.

"The eminent domain issue was a no-brainer," said Bob Hellekson, 72, of Bismarck. "Yes, all the way."

The other ballot measure would remove a restriction that allows only interest and income of state trust funds to be distributed to beneficiaries, including North Dakota's public schools. Opponents of the amendment said it was unnecessary.

Laurie Enzi, a ballot judge in a downtown Bismarck district, said the No. 1 complaint from voters was the language on the three initiatives.

"I think a lot of people just skipped over the measures because they weren't explained in layman's terms," she said.

Edwin Sauter, 86, of Bismarck, said he voted on individual races but "didn't pay no attention" to the ballot measures.

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