PROPOSITION 99: EMMINENT DOMAIN. ACQUISITION OF OWNER-OCCUPIED RESIDENCE

Proposition 99, also known as the Homeowners and Private Property Protection Act is on the ballot for the June 3, 2008 election. Proposition 99 is a competing proposition with Proposition 98: Government Acquisition, Regulation of Private Property also known as the California Property Owners & Farmland Protection Act (CPOFPA).

Summary

1. Aims to prohibit the government from using eminent domain to take a
   home to transfer to another private party.
2. Will not change state or local rent control laws or ordinances as
   Proposition 98 would abolish rent control.
   

Background

1. Amends the California Constitution to respond specifically to the facts and the decision of the U.S. Supreme Court in Kelo v. City of New London, in which the Court held that it was permissible for a city to use eminent domain to take the home of a Connecticut woman for purpose of economic development.
2. Since that U.S. Supreme Court decision, more than 40 states have reformed their eminent domain laws.
3. Respects the decision of the voters to reject Proposition 90 in November 2006, a measure that included eminent domain reform but also included unrelated provisions that would have subjected taxpayers to enormous financial liability from a wide variety of traditional legislative and administrative actions to protect the public welfare.
4. Provides a comprehensive and exclusive basis in the California Constitution to compensate property owners when property is taken or damaged by state or local governments, without affecting legislative and administrative actions taken to protect the public health, safety and welfare.

Arguments in Support

1. True eminent domain reform without the “hidden agenda” of eliminating rent control laws and ordinances.
2. Proposition 99 will not threaten California’s water quality and supply as does Proposition 98, argued by proponents of this proposition.

Arguments in Opposition

1. According to the Institute of Justice, a non-profit organization, it says of Proposition 99, "Californians require real, substantive reform for everyone and the Act does not come close to providing it."
2. Argues that many provisions have been left out of Proposition 99, but are included in Proposition 98 such as "quick take" protection, abandonment clause and just compensation.