Proposition Summary

EMINENT DOMAIN. LIMITS ON GOVERNMENT AUTHORITY. INITIATIVE CONSTITUTIONAL AMENDMENT. Bars state and local governments from taking or damaging private property for private uses. Prohibits rent control and similar measures. Prohibits deference to government in takings cases. Defines “just compensation.” Requires an award of attorneys fees and costs if a property owner obtains a judgment for more than the amount offered by the government. Requires government to offer to original owner of condemned property the right to repurchase property at condemned price when property is put to substantially different use than was publicly stated. Summary of Legislative Analyst’s Estimate of Net State and Local Government Fiscal Impact: Increased costs to many governments due to the measure’s restrictions. The net statewide fiscal effect, however, probably would not be significant.

Proposition Number

98

Year

2008

Document Type

Proposition

Pass/Fail

Fail

Popular Vote Results

Y:1675213;A:38.4;N:2677456;B:61.6

Election Type

Primary

Proposition Type

Initiative CONSTITUTIONAL AMENDMENT.

For Author

JON COUPAL, President, Howard Jarvis Taxpayers Association, Protect Prop. 13 Committee; DOUG MOSEBAR, President, California Farm Bureau; STEVE L. CAUGHRAN, 2007 California Small Business Owner of the Year, National Federation of Independent Business

Against Author

JEANNINE ENGLISH, California State President, AARP; JANIS R. HIROHAMA, President, League of Women Voters of California; RICHARD WORD, President, California Police Chiefs Association

Rebuttal Author

JEANNINE ENGLISH, California State President, AARP; DEAN PRESTON, Co-Chair, Coalition to Protect California Renters; KEN WILLIS, President, League of California Homeowners

Rebuttal Against Author

CRUZ BACA SEMBELLO, Victim of Government Home Taking, City of Baldwin Park; JOHN REVELLI, Victim of Government Business Taking, City of Oakland; JOEL AYALA, President, California Hispanic Chambers of Commerce

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