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Two Eminent Domain Measures on California June 3rd Ballot: No on 98 and Yes on 99

By Peter L. Stahl
Pete Rates the Propositions

Hey, voters!

The June primary is upon us. This ballot features two statewide propositions, both narrowing the government's ability to use its power of eminent domain to condemn and acquire private property. This is not a trivial issue. A ridiculous recent decision by the U. S. Supreme Court now allows governments to take private property, such as people's homes, for transfer to new, private owners, such as a Fortune 500 corporation, for no purpose other than increasing tax revenue. We must act to prevent this from happening in California.

Both Prop 98 and Prop 99 will curtail this new use of eminent domain. But while Prop 99 stops there, Prop 98 tracks on a sinister and gratuitous abolition of rent control. Obviously I don't think that's a good idea. Why? Read my ratings to find out. Then make up your own mind.

Proposition 98: Elimination of Rent Control – NO

Prop 98 prohibits governments from using eminent domain to acquire private property for transfer to new, private owners. Also prohibits governments from acquiring private property via eminent domain for use as the private owner used it. Requires governments to use acquired property for the purpose specified in the eminent domain process, or else offer to sell it back to the original owner. Increases the compensation provided to property owners. This effectively addresses the Kelo issues. Nothing wrong so far.

Prop 98 also prohibits the taking of private property "for the consumption of natural resources." This would make it nearly impossible for the government to build any new public water project. Uh oh.

Furthermore, there is a provision prohibiting laws and regulations that "transfer an economic benefit to one or more private persons at the expense of the private owner." Depending on who you believe, this provision might overturn most existing environmental and land-use regulations. That's not good.

Perhaps most significantly, Prop 98 also will abolish rent control for apartments and mobile homes. No new rent control measures may be enacted, and all existing rent-controlled units would go to market rate when the current tenants leave. Also, although the measure is ambiguously worded, Prop 98 would probably eliminate existing protections for renters and mobile home owners, such as laws requiring reasonable return of rental deposits and preventing unfair evictions. That's just awful.

Complete rating coming soon.

Proposition 99: Restriction on the Use of Eminent Domain – YES

Prop 99 prohibits governments from using eminent domain to acquire owner-occupied residences for transfer to new, private owners. Exceptions for cases involving public works, public health, or crime prevention. This effectively addresses the Kelo issues for homeowners, if not business owners or renters.

Oh, and Prop 99 also prevents any of Prop 98 from going into effect, including the rent control provisions.

Complete rating coming soon.

Since 1980, when he was a student at Harvard, Pete Stahl has been writing what he calls "sensible" opinions on the California ballot propositions. Often provocative, frequently irreverent, usually progressive, Pete cuts through the posturing on either side of each measure, distilling the true issues underlying them.

Pete Rates the Propositions is non-partisan and unaffiliated with any candidate or organization. Pete remains obstinately undoctrinaire, considering each ballot proposition on its merits. He is proud to have offended (and persuaded) voters of all political stripes. This originally appeared on Pete Rates the Propositions and is republished with the permission of the author.

Posted on May 05, 2008

Comments

Prop.98 will stop eminant domain abuse, prop.99 will do next to nothing....cities can rezone then bulldoze. Prop. 99 does not protect farms, churches, rental property, and businesses."Impossible for the government to build any new public water project".Thats public use isn't it? Thats allowed in Prop.98. All existing rent control laws would remain in effect. Rent control is stealing by the government without just compensation...rent control must die. I'll vote yes on 98 No on 99.

Posted by: bill at May 5, 2008 11:20 AM

That, and the State Superior Court has ruled that this would not jeopardize environmental protections.

This cartoon sums up 98 vs. 99 perfectly:

http://yesprop98.com/fs/global:file/publish/publish_jkb2iv10czgg5ew_files/file/id/x3ftupcu4281yg?_adctlid=v%7Cwynx8c5jjesxsb%7Cx3gglacw8yopgz

Posted by: Ben at May 5, 2008 08:14 PM

any renter (assuming he has a brain, which the author of the article does not) and can understand this concept, would certainly VOTE YES ON 98, and NO on 99.

Price controls cause things to be more expensive, and reduces supply. http://www.leestreet.com/neighborhood/rent-control.php

Posted by: juan at May 20, 2008 12:11 AM

You shouldn't have to lie to build support for your prop 99. I believe in the freedom of the market, obviously you do not... there are a 1000 reasons rent control is bad.. let the market dictate rent levels.
Your statement about water resources is at the least disingenuous, although more accurately, a blatant lie. Obviously you have some kind of agenda.

Posted by: Tim at May 20, 2008 06:45 AM

Obviously anyone for 98 wants to elinate rent control. Any ballot measure that attempts to trick voters by pretending to be about something else is probably bad, and paid for by greedy people.

I was wondering about 99, but since the above comments show the menatlity against 99, I will vote for 99.

Posted by: Steve at May 23, 2008 12:09 PM

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