Proposition Summary

GOVERNMENT ACQUISITION, REGULATION OF PRIVATE PROPERTY. INITIATIVE CONSTITUTIONAL AMENDMENT. Bars state and local governments from condemning or damaging private property to promote other private projects or 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 Voids unpublished eminent domain court decisions.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 Legislative Analyst’s Estimate of Net State and Local Government Fiscal Impact: Increased annual state and local government costs to pay property owners for (1) losses to their property associated with certain new laws and rules, and (2) property acquisitions. The amount of such costs is unknown, but potentially significant on a statewide basis.

Proposition Number

90

Year

2006

Document Type

Proposition

Pass/Fail

Fail

Popular Vote Results

Y:3932043;A:47.6;N:4324722;B:52.4

Election Type

General Election

Proposition Type

Initiative CONSTITUTIONAL AMENDMENT.

For Author

MANUEL ROMERO, Eminent Domain Abuse Victim; BOB BLUE, Eminent Domain Abuse Victim; PASTOR ROEM AGUSTIN, Eminent Domain Abuse Victim

Against Author

CHIEF MICHAEL L. WARREN, President, California Fire Chiefs Association; CHIEF STEVE KRULL, President, California Police Chiefs Association; EDWARD THOMPSON, JR., California Director, American Farmland Trust

Rebuttal Author

KENNETH W. WILLIS, President, League of California Homeowners; CHIEF MICHAEL L. WARREN, President, California Fire Chiefs Association; JACQUELINE JACOBBERGER, President, League of Women Voters of California

Rebuttal Against Author

MIMI WALTERS, Honorary Chair, California Protect Our Homes Coalition; MARTYN B. HOPPER, California Director, National Federation of Independent Business (NFIB); JOHN M. REVELLI, Eminent Domain Abuse Victim

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