Son of Prop 90: A Wolf if There Ever Was One in Sheep's Clothing

The analysis by Nielsen, Merksamer, Parrinello, Mueller & Naylor set out in great detail the secretive and deceptive way the authors of CPOFPA are attempting to hide broad restrictions on zoning and other land use and environmental regulations, the ability of public entities to acquire property for public water supply facilities, and city and county affordable housing and rent control programs.

Their analysis concludes:

"Without a doubt, the CPOFPA is even more deceptive and draconian than Proposition 90. With the exception of the rent control feature, the regulatory prohibitions concerning land use decisions and the prohibition against the use of eminent domain for the acquisition of property for the consumption of natural resources are hidden in the definition of private use. But the impact is nonetheless dramatic.
Those obscure provisions are the only reference in the initiative to any form of "regulation" or prohibition against taking property for the "consumption of natural resources." Because of the prohibitory nature of the regulatory and eminent domain provisions, the initiative appears to be designed to shut down much of what government does to protect the public health, safety and welfare through the control of land use and the provision of water. If there is any doubt on that point, the initiative Constitutional amendment provides the express right to seek injunctive relief against any action that violates its terms."

Aware of public concern about how some public agencies have used the power of eminent domain, civic and environmental groups urged the legislature to put a measure on the ballot and enact companion statutory changes. Assembly Constitutional Amendment (ACA) 8, would have enacted protections for homeowners and small businesses but Senate Republicans prevented the measure from getting the necessary two-thirds vote to get it on the ballot. Fearing such an outcome, last spring, the League of California Cities, the League of California Homeowners and the California League of Conservation Voters, joined together to propose the Homeowners Protection Act.
This initiative would amend the constitution to prohibit government from using eminent domain to take an owner-occupied home to transfer to another private person or business. Supporters of this measure, which is a more reasoned response to concerns about the use of eminent domain, are also collecting signatures.

It is essential that voters understand the important distinctions between these two ballot measures, which would have a radically different effect on how California communities make decisions about their future.

For more information about the 2008 Homeowners Protection Act go to http://sites.activatedirect.com/eminentdomainreform.com/facts/

Download and read the Homeowners and Private Property Protection Act at http://www.lao.ca.gov/laoapp/ballot_source/BalDetails.aspx?id=596

The analysis by Nielsen, Merksamer, Parrinello, Mueller & Naylor set out in great detail the secretive and deceptive way the authors of CPOFPA are attempting to hide broad restrictions on zoning and other land use and environmental regulations, the ability of public entities to acquire property for public water supply facilities, and city and county affordable housing and rent control programs.

Their analysis concludes:

"Without a doubt, the CPOFPA is even more deceptive and draconian than Proposition 90. With the exception of the rent control feature, the regulatory prohibitions concerning land use decisions and the prohibition against the use of eminent domain for the acquisition of property for the consumption of natural resources are hidden in the definition of private use. But the impact is nonetheless dramatic.
Those obscure provisions are the only reference in the initiative to any form of "regulation" or prohibition against taking property for the "consumption of natural resources." Because of the prohibitory nature of the regulatory and eminent domain provisions, the initiative appears to be designed to shut down much of what government does to protect the public health, safety and welfare through the control of land use and the provision of water. If there is any doubt on that point, the initiative Constitutional amendment provides the express right to seek injunctive relief against any action that violates its terms."

Aware of public concern about how some public agencies have used the power of eminent domain, civic and environmental groups urged the legislature to put a measure on the ballot and enact companion statutory changes. Assembly Constitutional Amendment (ACA) 8, would have enacted protections for homeowners and small businesses but Senate Republicans prevented the measure from getting the necessary two-thirds vote to get it on the ballot. Fearing such an outcome, last spring, the League of California Cities, the League of California Homeowners and the California League of Conservation Voters, joined together to propose the Homeowners Protection Act.
This initiative would amend the constitution to prohibit government from using eminent domain to take an owner-occupied home to transfer to another private person or business. Supporters of this measure, which is a more reasoned response to concerns about the use of eminent domain, are also collecting signatures.

It is essential that voters understand the important distinctions between these two ballot measures, which would have a radically different effect on how California communities make decisions about their future.

For more information about the 2008 Homeowners Protection Act.

Download and read the Homeowners and Private Property Protection Act.

Vivian Kahn is an Oakland planning consultant who has written land use regulations and general plans for communities in California and other states. She teaches courses on land use planning, design review, and environmental review for UC extension programs at Berkeley, Davis and UCLA and co-authored two chapters on zoning for California Continuing Education of Bar’s new publication California Land Use Practice.