By Senior Assembly Member Foster Lopes

 

Eminent Domain is a legal right of state and local governments to acquire private property for the public good so long as they pay fair market value. In 2005, the U.S. Supreme Court ruled that government can use eminent domain to take personal property and transfer it to a private developer for private use and profit. More than 40 states have reformed their eminent domain laws. California has not. Two propositions dealing with this issue will appear on the June Primary ballot.

 

Proposition 98 would amend the State Constitution to constrain state and local governments to take private property, cut certain mandatory housing programs, and phase out rent control.

 

Arguments Pro: Howard Jarvis Taxpayers Association, California Farm Bureau and National Federation of Independent Business.

 

A.  Makes it illegal for governments to seize houses, small businesses, farms, places of worship, and transfer these to private parties for private use and profit.

B.  Makes it illegal to force the sale of private rental homes, apartments, or other residences at below market value.

 

Arguments Con:  California AARP, Coalition to Protect California Renters and League of California Homeowners.

 

A. Eliminates rent control and basic protection for all renters against rent gouging, unfair evictions, and fair return of rental deposits.

B. Would lead to many frivolous law suits, more bureaucracy, and would hurt most homeowners and property owners.

 

Proposition 99 would bar state and local governments from using eminent domain to acquire and transfer an owner-occupied property to a private person or entity for private use and profit and creates an exception for public works or improvement, emergencies, public health and safety, and crime prevention. Also, the prohibition would not apply if a property owner did not live in the house or had not lived there for less than a year.

 

Arguments Pro:  League of California Homeowners, League of Women Voters and California Alliance for Retired Americans.

 

A. Protects homeowners against eminent domain abuses and the taking of a private home and transferring it to a developer for private use and profit.

B. Places Proposition in State Constitution to insure government cannot remove it without a vote of the people

 

Arguments Con: Howard Jarvis Taxpayers Association, California Farm Bureau and National Federation of Independent Business.

 

A. Removes all protection for family farms and small businesses.

B. Would not alter current government land acquisition practices