Sign Up for Updates

First Name:
Last Name:
Email:
City:
Email Format:
No Preference HTML
AOL
Plain Text
San Diego City Beat, May 13, 2008 PDF Print E-mail
Props. 98, 99

 

Both of these statewide propositions deal with eminent domain and both seek to prohibit governments from transferring seized properties to private owners or developers. But that’s where the similarities end.

 

Prop. 98 is spearheaded by organizations like the California Farm Bureau Federation and the California Alliance to Protect Private Property Rights, but it’s been largely bankrolled by landlord interests. That’s because veiled language in the so-called “California Property Owners and Farmland Protection Act” essentially seeks to eliminate rent controls. In addition, the measure attempts to stymie eminent domain except in specific cases like the implementation of vital public works projects or the razing of crack houses. But the broad scope of 98 could also effectively hamstring land-use regulations, environmental protections and legitimate economic development projects. When a proposition is conservative enough to be endorsed by the California Republican Party but radical enough to be opposed by two Republican governors (Arnold Schwarzenegger and Pete Wilson), it probably has “bad idea” written all over it. Vote no on Prop. 98.

 

Prop. 99 isn’t exactly fried gold, but it does offer a more conscientious attempt to reform eminent domain. The measure aims to prevent governments from seizing an owner-occupied home with the purpose of transferring the property to another private owner or developer. The proposition—supporters range from the California Democratic Party and the Sierra Club to the League of Women Voters and U.S. Rep. Nancy Pelosi—also allows for several exceptions, most of them falling under the banner of protecting public health and security. Problem is, while somewhat obligatory, those exceptions are open to interpretation and thus, potentially, abuse. At worst, 99 will effect little practical change from the current system. At best, it would help safeguard against the most egregious abuses of eminent domain. Either way, it’s a call—imperfect though it may be—to clarify and reform an area of state law begging for clarity and reformation. Vote yes on Prop. 99.