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Imminent Eminent Domain Rip-Off Threatens California's Environment

Gary-Patton.gif By Gary A. Patton
Executive Director
Planning and Conservation League

Last year, Californians successfully fought off a statewide ballot initiative that used the rhetoric of eminent domain abuse to attempt to undermine a swath of laws protecting our health and environment. Well get ready; it looks like we'll have to fight even harder this year.

Wealthy owners of apartments and mobile home parks are currently collecting signatures to place another initiative on California's June 2008 ballot that they'd like you to believe is about eminent domain. And once again, they're hiding their anti-environment agenda. Tucked into the text of the initiative are provisions that would effectively prohibit laws and regulations that are intended to protect our air, land, water, and coasts from pollution, as well as laws that regulate development and prevent sprawl.

As if this weren't bad enough, the landlords are also using the populist issue of eminent domain reform in an attempt to wipe out rent control laws in California, hurting seniors, single mothers, veterans, and other working families who would lose the only housing they can afford.

A broad-based coalition of environmentalists, local governments, seniors, business, and labor has formed to defeat this measure – with PCL stepping up as an early coalition endorser and supporter. This coalition is promoting a strong, honest eminent domain reform proposal, which would prevent the government from using eminent domain to take a home to transfer to a developer.

The California Homeowner Protection Act doesn't have the hidden agendas or negative consequences of the landlords' scheme. But here's the problem: In order to qualify this measure for the June 2008 ballot, the sponsors need 1.1 million signatures by November 20. Currently they are about halfway to that goal. And while the landlords have money to spare for their signature gathering efforts, the California Homeowner Protection Act supporters are relying on volunteers to help get it over the finish line. That's where you, our faithful readers come in.

Please click here to sign the petition! An official petition that your family, friends, and co-workers can all sign will be mailed to you. Just be sure to mail it back by November 20.

Qualifying this honest eminent domain reform measure for the June 2008 ballot is absolutely critical if we are to defeat the landlords' Hidden Agendas scheme and its devastating impacts on our environment.

For more information, please visit www.EminentDomainReform.com.

Gary Patton is the Executive Director of the Planning and Conservation League, a statewide, nonprofit lobbying organization. For more than thirty years, PCL has fought to develop a body of environmental laws in California that is the best in the United States. PCL staff review virtually every environmental bill that comes before the California Legislature each year. It has testified in support or opposition of thousands of bills to strengthen California's environmental laws and fight off rollbacks of environmental protections.

Posted on November 02, 2007

Comments

I Watch COPS and think the the city and residents would be much better with many Trailer Parks closed. If an OWNER wants to close his Trailer Park or Apartment why should'nt he have the right?

Posted by: Jeff at November 2, 2007 01:53 PM

What do you mean, "anti-environment" agenda. I don't doubt that these groups aren't big on the environment, but distinguishing their ideology and their proposal is important

Wishing this was like Prop 90 doesn't make it so. The only regulations this affects are: "(iii) regulation of the ownership, occupancy or use of privately owned real property or associated property rights in order to transfer an economic benefit to one or more private persons at the expense of the property owner."

PROPERTY regulations which transfer an ECONOMIC benefit from the owner to a PRIVATE person(s) will be affected. Land use, zoning, environment, consumer, etc... regulations don't transfer an economic benefit to a private person. They provide SOCIAL benefits to the PUBLIC. Labor and workplace laws are not property regulations

As for rent control, all current rent control laws will be allowed to stay as long as the current tenant remains.

But that aside, rent controls are barbaric. They ask one group of people to pay for a SOCIETAL benefit when it's not their fault

And the Homeowner Protection Act title should be taken literally. It increases protections to homeowners, while it decreases protections to small businesses, churches, farms, and all other kinds of property. The explicit mention of one thing excludes all others

"(b) The State and local governments are prohibited from acquiring by eminent domain an owner-occupied residence for the purpose of conveying it to a private person."

So they are permitted, therefore, to acquire all other kinds of property by eminent domain for the purpose of conveying it to a private person. Small businesses, churches, and farms at least have a fighting chance under current law to prevent their property from being taken for private use. Under this, they won't even have that

Posted by: Ben at November 3, 2007 06:48 PM

While zoning regulations are intended to protect the public they do, in fact, transfer economic benefit to private persons. For example, those who own homes that are near parks that are paid for by developers clearly recognize an economic benefit as a result of regulations that require park dedication. Surrounding property owners receive a benefit when local government limits the hours of operation of liquor stores or noisy businesses. Consumer regulations that limit the rates insurance companies can charge also confer an economic benefit. The list goes on and on. If the objective is to limit use of eminent domain then all of these other provisions are not needed. I guarantee that if the Jarvis bill passes, some local zoning regulations intended to benefit the public will be challenged and it will be up to the courts to decide. As a result, the public will have to pay hundreds of thousands of dollars of taxpayers money to defend the types of actions that most people agree are intended to protect public health, safety, and welfare. Note that unlike Prop. 90, this measure does not exempt regulations to protect public health and safety.

Posted by: Vivian Kahn at November 6, 2007 02:01 PM

Jeff, Ben & Viv:

Enjoy your Christmas dinner with Mr. Burns...errr, I mean Sam Zell.

Posted by: Bal T'San Chin at December 6, 2007 06:41 PM

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