IN THE WORKS When the City Is After Your Property

California Legislation

2005 CA A.C.A. 15
A constitutional amendment prohibiting a redevelopment agency from acquiring property through eminent domain unless it first makes a written finding that the property contains conditions of both physical and economic blight.
Sponsored by: State Assembly Members Gene Mullin and Joe Nation
Status: Amended August 23, re-referred to Committee on Governmental Organization.
2005 CA A.C.A. 22
A constitutional amendment stating that eminent domain may be used “only for a stated public use” and that “if the property ceases to be used for the stated public use the former owner or a beneficiary...would have the right to reacquire the property for the compensated amount or its fair market value, whichever is less, before the property may be sold or transferred.”
Sponsored by: State Assembly Member Doug LaMalfa
Status: Introduced July 13, 2005. Rules committee did not assign to a committee, thus not allowing a hearing, vote, or further amendments to the bill.
2005 CA A.B. 590
A bill providing that eminent domain is used “only for a public use… ‘public use’ does not include the taking or damaging of property for private use, including, but not limited to, the condemnation of nonblighted property for private business development.”
Sponsored by: State Assembly Member Mimi WaltersContact
Status: Amended to current language on July 13, 2005. Amended and re-referred to Committee on Housing and Community Development September 7, 2005.
2005 CA A.B. 1162
Prohibits, until a specified date, a public entity from exercising the power of eminent domain to acquire owner-occupied residential real property for private use.
Sponsored by: Mullin and Salinas
Status: Amended and re-referred to Senate Committee on Rules September 6, 2005.
2005 CA S.C.A. 12
A constitutional amendment that defines public use - for purposes of eminent domain proceedings - to exclude the taking of owner-occupied residential property for private use.
Sponsored by: State Senator Tom TorlaksonContact
Status: Heard in Senate Committee on Judiciary August 30, 2005; remains in committee.
2005 CA S.C.A. 15
A constitutional amendment stating that eminent domain may be used “only for a stated public use” and that “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.” Also provides that “if the property ceases to be used for the stated public use the former owner or a beneficiary...would have the right to reacquire the property for the compensated amount or its fair market value, whichever is less, before the property may be sold or transferred.”
Sponsored by: State Senator Tom McClintock
Contact
Status: In Senate Committee on Judiciary August 30, 2005; failed passage, reconsideration granted.
2005 CA S.B. 1026
Prohibits, until a specified time, a public entity from exercising the power of eminent domain to acquire owner-occupied residential real property for private use.
Sponsored by: State Senator Christine Kehoe
Status: Passed Assembly on September 8, 2005; to Senate for concurrence.