Time to Write State Representatives

http://www.assembly.ca.gov/acs/acsframeset2text.htm

July 13, 2005!

BILL NUMBER: ACA 22 INTRODUCED
BILL TEXT INTRODUCED BY Assembly Member La Malfa (Principal coauthor: Senator McClintock) (Coauthors: Assembly Members DeVore, Garcia, La Suer, Maze, McCarthy, Aghazarian, Benoit, Blakeslee, Bogh, Cogdill, Emmerson, Haynes, Shirley Horton, Houston, Huff, Leslie, Mountjoy, Nakanishi, Negrete McLeod, Parra, Plescia, Sharon Runner, Spitzer, Strickland, Tran, Umberg, Villines, Walters, and Wyland)(Coauthors: Senators Ackerman, Ashburn, Battin, Campbell, Cox,Denham, Dutton, Florez, Hollingsworth, Maldonado, Margett, Morrow, and Poochigian)

JULY 13, 2005
A resolution to propose to the people of the State of California an amendment to the Constitution of the State, by amending Section 19 of Article I thereof, relating to eminent domain.

LEGISLATIVE COUNSEL'S DIGESTAC
A 22, as introduced, La Malfa Eminent domain: condemnation proceedings. The California Constitution authorizes governmental entities to take or damage private property for public use only when just compensation, ascertained by a jury unless waived, has first been paid to, or into court for, the owner. It also authorizes the Legislature to provide for possession by the condemnor following commencement of the eminent domain proceedings upon deposit in court, and prompt release to the owner, of the money determined by the court to be the probable amount of the just compensation.

This measure would add a condition that private property may be be taken or damaged by eminent domain proceedings only for a stated public use and only upon an independent judicial determination on the evidence that the condemnor has proven that no reasonable alternative exists. The measure would require that the property be owned and occupied by the condemnor, except as specified, and used only for the stated public use.This measure would also provide that if the property ceases to be used for the stated public use, the former owner or a beneficiary or an heir, who has been designated for this purpose, would have the right to reacquire the property for the compensated amount or its fair market value, which ever is less, before the property may be sold or transferred.

Vote: 2/3. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

WHEREAS, This measure shall be known and may be cited as "TheHomeowner and Property Protection Act"; and

WHEREAS, Eminent domain has been subject to widespread abuse in California, whereby local governmental entities have condemned property and transferred it, by sale, lease, or otherwise, to the control, management, or exploitation of private entities for private use and profit on the theory that generalized public benefits will flow therefrom; and

WHEREAS, The United States Supreme Court, in Kelo v. City of New London, ___ U.S. ___ (2005), has held that the United StatesConstitution does not prevent the transfer of property, seized through eminent domain, to private entities for private profit; and

WHEREAS, The rights guaranteed in the California Constitution are not dependent on rights guaranteed under the United StatesConstitution (Section 24 of Article I of the California Constitution), and the California Constitution should protect the property rights of Californians to a greater degree than does theUnited States Constitution; nor should the term "public use" in the California Constitution be construed as identical to that phrase as employed in the Fifth Amendment to the United States Constitution; and

WHEREAS, It is the intent of the people of the State of California that private property shall not be taken or damaged for the use, exploitation, or management of any private party, including, but not limited to, the use, exploitation, or management of property taken or damaged by a corporation or other business entity for private profit, as is currently permitted under the United States Constitution under Kelo v. City of New London, __ U.S. __ (2005); and

WHEREAS, It is not the intent of this amendment to prevent the rental of space in a government building or any other government- owned property for incidental commercial enterprises, including, but not limited to, gift shops, newsstands, or shoeshine stands; and

WHEREAS, This amendment shall apply only to condemnation actions that are completed after this amendment goes into effect; now, therefore, be it Resolved by the Assembly, the Senate concurring, That the Legislature of the State of California at its 2005-06 Regular Session commencing on the sixth day of December 2004, two-thirds of the membership of each house concurring, hereby proposes to the people of the State of California, that the Constitution of the State be amended as follows:

That Section 19 of Article I thereof is amended to read:SEC. 19.
(a) Private property may be taken or damaged for a stated public use only when just compensation, ascertained by a jury unless waived, has first been paid to, or into court for, the owner. The Private property may not be taken or damaged for private use.
(b) Private property may be taken by eminent domain only for astated public use and only upon an independent judicial determinationon the evidence that the condemnor has proven that no reasonable alternative exists. Property taken by eminent domain shall be owned and occupied by the condemnor or may be leased only to entities that are regulated by the Public Utilities Commission. All property that is taken by eminent domain shall be used only for the stated public use.
(c) If any property taken through eminent domain after the effective date of this subdivision ceases to be used for the stated public use, the former owner of the property or a beneficiary or an heir, if a beneficiary or heir has been designated for this purpose,shall have the right to reacquire the property for the compensatedamount or the fair market value of the property, whichever is less,before the property may be sold or transferred.
(d) The Legislature may provide for possession by the condemnor following commencement of eminent domain proceedings upon deposit in court and prompt release to the owner of money determined by the court to be the probable amount of just compensation.

CURRENT BILL STATUS
MEASURE : A.C.A. No. 22
AUTHOR(S) : La Malfa (Principal coauthor: Senator McClintock)(Coauthors: DeVore, Garcia, La Suer, Maze, McCarthy,Aghazarian, Benoit, Blakeslee, Bogh, Cogdill, Emmerson,Haynes, Shirley Horton, Houston, Huff, Leslie, Mountjoy,Nakanishi, Negrete McLeod, Parra, Plescia, Sharon Runner, Spitzer, Strickland, Tran, Umberg, Villines,Walters, and Wyland) (Coauthors: Senators Ackerman, Ashburn, Battin, Campbell, Cox, Denham, Dutton, Florez, Hollingsworth, Maldonado, Margett, Morrow, and PoochiTOPIC : Eminent domain: condemnation proceedings.

HOUSE LOCATION : ASM

TYPE OF BILL : Active
Non-Urgency
Non-Appropriations
2/3 Vote Required
Non-State-Mandated Local Program Fiscal
Non-Tax Levy

LAST HIST. ACT. DATE: 07/13/2005
LAST HIST. ACTION : Read first time. To print.

TITLE : A resolution to propose to the people of the State ofCalifornia an amendment to the Constitution of the State, by amending Section 19 of Article I thereof, relating to eminent domain.

CURRENT BILL STATUS
MEASURE : A.C.A. No. 22
AUTHOR(S) : La Malfa (Principal coauthor: Senator McClintock)(Coauthors: DeVore, Garcia, La Suer, Maze, McCarthy,Aghazarian, Benoit, Blakeslee, Bogh, Cogdill, Emmerson,Haynes, Shirley Horton, Houston, Huff, Leslie, Mountjoy,Nakanishi, Negrete McLeod, Parra, Plescia, Sharon Runner, Spitzer, Strickland, Tran, Umberg, Villines,Walters, and Wyland) (Coauthors: Senators Ackerman, Ashburn, Battin, Campbell, Cox, Denham, Dutton, Florez, Hollingsworth, Maldonado, Margett, Morrow, and PoochiTOPIC : Eminent domain: condemnation proceedings.
HOUSE LOCATION : ASM
TYPE OF BILL : Active
Non-Urgency
Non-Appropriations
2/3 Vote Required
Non-State-Mandated Local Program Fiscal
Non-Tax Levy

LAST HIST. ACT. DATE: 07/13/2005
LAST HIST. ACTION : Read first time. To print.

TITLE : A resolution to propose to the people of the State ofCalifornia an amendment to the Constitution of the State, by amending Section 19 of Article I thereof, relating to eminent domain.