OUR VIEW: Eminent-domain measures will not fix problems with law
We urge voters to vote against both eminent-domain propositions on their mail or poll booth ballots for the June election.
Both propositions (numbered 98 and 99) were crafted to limit government power to take property from unwilling sellers under a process called eminent domain.
In 2005, the U.S. Supreme Court issued a ruling broadening government's eminent domain power. In response to the court decision, more than 40 states have acted to restrict that power.
Neither of the competing June propositions does the job for California, although parts of Prop. 98 make it closer to being a fix than Prop. 99.
Prop. 99 has been supported by numerous groups and some governmental agencies, including local cities. No surprise there, for it makes little change in the status quo. The language used is soothing, reassuring and vague enough to convince some voters it does something.
It does not.
Instead, Prop. 99 leaves intact the government's right to take property, even homes, for a variety of reasons. Those include so-called blighted areas -- with "blight" loosely defined, and often defined by the government involved.
The other proposition, Prop. 98, does contain language that would actually improve the current situation. It would place more constraints on government use of eminent domain. It tightens the gap the Supreme Court ruling opened. Prop. 98 improves the compensation process for the property owner.
But Prop. 98 also tackles a new, separate topic: rent control, which the proposition would phase out.
Rent control should be dealt with directly and on its own, even though it, too, deals with property rights. Nonetheless, this issue should be left in the hands of local government and not the state or a statewide referendum.
Thus, both propositions are clumsy, flawed attempts to amend the California Constitution's eminent domain provisions.
Vote "no" on Props. 98 and 99.
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Posted in Editorial on Saturday, May 10, 2008 12:00 am Updated: 8:39 pm. | Tags: Edit.props.05.11., Nct, Opinion, Editorials
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