By Reggie Ellis

The Farmersville City Council voted to oppose a proposition on the June 3 ballot that would restrict the city's ability to take land through eminent domain. 

In a resolution approved at its April 28 meeting, the city council opposed Proposition 98 because it “could jeopardize a great number of water infrastructure projects that we need to meet the water needs of California's residents, businesses, environment and agriculture.” 

Proposition 98 prohibits public agencies from taking property to transfer it to another private owner for a similar use or consuming natural resources, such as oil or minerals. However, government entities would retain the right of using eminent domain to take property for public use, such as roads, schools, or public facilities. 

Known as the California Property Owners and Farmland Protection Act, Prop. 98 was sponsored by the California Farm Bureau, Howard Jarvis Taxpayers Association and the California Alliance to Protect Private Rights because it protects the rights of private property owners who may not want to sell their property for redevelopment.  

The proposition is in response to the U.S. Supreme Court's 2005 decision in Kelo vs. City of New London upholding a public agency's right to use eminent domain to condemn private property and sell it to another private entity for redevelopment. 

The Farm Bureau claims the measure leaves farmland susceptible to a public land-grab because farmland is generally cheaper than already developed property. 

“Farm Bureau has always stood up for the rights of property owners and we're very concerned about abuses of the government's power to condemn land,” said CFBF President Doug Mosebar in a released statement. “It's not right that court decisions allow the government to take your property and give it to someone else.” 

By opposing Prop. 98, the city council simultaneously supported Proposition 99, a dueling ballot initiative that protects single-family homes but not farmers and business owners from eminent domain for redevelopment. Prop. 99 is sponsored by the League of California Cities, California State Association of Counties, League of California Homeowners, California School Boards Association and the California Alliance for Retired Americans. 

The Howard Jarvis Taxpayers Association argues that 99 does not really change anything from existing law but does create loopholes that can make it easier for government agencies to acquire property. 

Whichever of the two measures gets the most votes would be enacted into law and the provisions of the other would not take effect. 

For more information about the measures, visit the Tulare County Elections website at www.tularecoelections.org.