By MITCH DEACON
Staff Reporter
Opponents of California’s eminent domain laws have qualified another ballot initiative to overturn the ability of the state and local governments to seize land for private development.
Secretary of State Debra Brown last week certified the California Property Owners and Farmland Protection Act for the June 3 ballot. Signatures are still being verified for a competing initiative that is expected to qualify for the ballot.
The act would prohibit the government from seizing private property for the purpose of handing it to private interests, while allowing traditional uses of eminent domain for roads, schools and water projects.
This is the second time eminent domain opponents have qualified an initiative for the ballot since nationwide controversy arose over the Supreme Court’s 2005 decision to uphold a New London, Conn. law allowing homes to be seized by the city and handed over to private developers.
In 2006, California rejected a ballot initiative restricting the use of eminent domain. Proposition 90 fell short by a narrow margin, with 48 percent of the vote. However, the measure also would have required governments to pay damages to landowners whose right to develop their property was restricted by environmental and other laws.
“Prop 90 got into the area of regulatory takings that could have limited the scope of environmental regulations,” said Jon Coupal, president of the Howard Jarvis Taxpayers Association, one of the sponsors of the measure. “Our measure does not do that.”
However, the latest proposition does include a provision that could be equally or even more controversial a phasing out of rent control statewide, something that Coupal called a “natural extension of eminent domain reform.”
The California Chamber of Commerce will consider its position on the proposition at its March board meeting. In 2006, it joined its traditional political opponent the Sierra Club in opposing Prop. 90. Smaller businesses often the targets of urban eminent domain proceedings tended to favor the proposition.
Critics of the latest measure argue it is being used to promote the interests of wealthy landlords by abolishing rent control.
“The California Property Owners and Farmland Protection Act is a hidden agenda scheme,” said Kathy Fairbanks, spokesperson for Eminent Domain Reform Now, a collation of seniors, homeowners and business groups.
Signatures are still being verified for a competing initiative called the Homeowners Protection Act, which would also prohibit the seizure of owner-occupied residences for private use. “This measure is a simple and straightforward eminent domain reform to protect people’s homes from being taken and given to a private developer,” Fairbanks said.
