EMINENT DOMAIN PROTECTION LAWS

There were four measures introduced in the Senate during the week of August 15-19 dealing with questions relating to eminent domain. They are:

SCA 12 by Senators Tom Torlakson and Christine Kehoe (principal co-authors are Assembly Members Gene Mullin and Simon Salinas) is a proposed constitutional amendment that, if approved by the voters, would prohibit the use of eminent domain for the taking of "owner-occupied residential property" for private use.

SB 53 by Senator Christine Kehoe would require new and existing redevelopment plans to declare whether eminent domain will be used and specifically allows the agency to prohibit the use of eminent domain for certain uses such as owner-occupied residential property or in certain geographic areas. (Agencies have the authority to do that now.) The use of eminent domain in new plans would be initially limited to 10 years (instead of 12 in current law) from adoption of the plan. For plans adopted before January 1, 2006, they would have to be amended before July 1, 2006 to include the planned uses of eminent domain and a time limit on the use of eminent domain not beyond July 1, 2009. This bill may be a "spot bill" that will be kept available for further amendments.

SB1026 by Senator Kehoe would impose a two-year moratorium on the use of eminent domain for the taking of "owner-occupied residential property" for private use. It would also require the California Research Bureau to report to the Legislature by January 1, 2007 on all condemnations of owner-occupied residential property for private use from 1996 to 2006, and what became of those properties.

Companion measures to SCA 12 and SB 1026 are expected to be introduced in the Assembly in the next few days.

SB 1099 by Senator Dennis Hollingsworth would prohibit the use of eminent domain for "agricultural property" unless the condemning government retains direct ownership of the property or the property is transferred to a private entity for health care facilities, public utilities, or transit facilities.

SCA 12 and SB 1026, along with the companion Assembly bills when they are amended, represent the Democratic alternatives to SCA 15 (McClintock) and ACA 22 (LaMalfa), extreme measures that would all but end the use of eminent domain for redevelopment.

Make your desires known to your representitives at all levels of government. Let the State Representitives know your desires on the legislative options. Let your City Council Know they will be removed from office if Eminent Domain is allowed as a "Redevelopment Agency Tool".