Attorney General No.

SA90RF0013

Secretary of State No.

522

Description

PRIVATE PROPERTY, COMPENSATION FOR PUBLIC USE. INITIATIVE CONSTITUTIONAL AMENDMENT. Requires cash compensation from State General Fund, determined by jury, unless other payment agreed upon, when state or local government action diminishes fair market value of private property by 20% or more. Requires compensation equal twice diminution in property value when government action results in loss of employment by third persons: one-half to property owners; one-half to Attorney General in trust for benefit of affected workers. Requires compensation to owner for diminution in value in other cases. Voids initiatives affecting private property valuation receiving lower vote total in election. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local governments: Requirement that the state provide compensation for losses in property value caused by state and local government actions will increase costs to the State General Fund beginning in fiscal 1990-91. The amount of the costs depends on the interpretation given the measure, but is expected to be in the multi-millions or higher annually. Also, legal costs to the State General Fund in an unknown but potentially substantial amount will result from the requirement that juries determine the amount of compensation due.

Proponents

Thomas M. Herman, Post Office Box 247, Crescent City, Ca 95531 (707) 464-3144

Date

4-11-1990

Document Type

Initiative

Qualified

Failed to Qualify

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