Attorney General No.
Secretary of State No.
Bars state and local governments from condemning or damaging private property to promote other private projects, uses. Limits government’s authority to adopt certain land use, housing, consumer, environmental and workplace laws and regulations, except when necessary to preserve public health or safety. Voids unpublished eminent domain court decisions. Defines just compensation. Government must occupy condemned property or lease property for public use. Condemned private property must be offered for resale to prior owner or owner’s heir at current fair market value if government abandons condemnation’s objective. Exempts certain governmental actions. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local governments: Unknown, but potentially significant major future costs for state and local governments to pay damages and/or modify regulatory or other policies to conform to the measure’s provisions. Unknown, potentially major changes in governmental costs to acquire property for public purposes. (SA2005RF0146.)
Anita S. Anderson
Government Acquisition, Regulation of Private Property. Initiative Constitutional Amendment. California Initiative 1204 (2006).