Property Rights Can Be Protected In GT

The question is why aren't Private Property Rights Protected by the City Council?

California Anaheim – Mayor Curt Pringle is attempting to put a measure on the ballot that would modify the city charter, prohibiting the use of eminent domain for private development.Source: “Anaheim; city considers property law,” Orange County Register, Oct. 23, 2005.

Dana Point – The City Council voted unanimously in October 2005 to put the issue of eminent domain for private development on the ballot. Residents will vote in November 2006.Source: Magda Liszewska, “Dana Point; Property issue goes on ballot,” Orange County Register, Oct. 30, 2005.

Encinitas—City Council member Jerome Stocks proposed an ordinance that would require a 2/3 majority on a public ballot for every taking of private property for private redevelopment. On July 13, 2005, the council unanimously agreed to draft an ordinance titled the Encinitas Property Rights Act to be introduced this fall.ContactSource: Adam Kaye, “Encinitas Councilman Defends Restricting the Use of Eminent Domain,” North County Times, July 14, 2005.

Orange County—The Board of Supervisors voted unanimously on July 26 to support legislation that would limit the use of eminent domain to condemn private property for business development. Assemblyman Doug LaMalfa introduced ACA 22, which would amend the state Constitution to blunt the effect of Kelo. The supervisors also endorsed a state Senate version.Source: “In brief: supervisors back bills to curb eminent domain,” Los Angeles Times (Orange County Edition), July 27, 2005, at B4.

Placer County—Supervisors agreed unanimously on August 23 to support measures proposed in both the state Assembly and Senate to restrict the use of eminent domain to aid private business.Source: Gus Thomson, “County supports limit to seizures, new eminent domain restrictions endorsed,” Auburn Journal, August 24, 2005.

Porterville—On July 19, city officials passed a resolution prohibiting the use of eminent domain against private property owners for economic development purposes. Porterville City Council Member and Mayor Pro Tem Cam Hamilton brought the issue before the council.Source: Terry Bergfalk, “Porterville bars eminent domain for developers,” Fresno Bee, July 29, 2005, at 5.

Redding – Assemblyman Doug LaMalfa, whose proposed bills to limit the use of eminent domain were recently defeated, has indicated that he might begin a petition drive to place a constitutional amendment on the ballot.Source: “LaMalfa pushes property rights,” Appeal-Democrat (California), Nov. 3, 2005.

Riverside – In September 2005, city officials declared that homeowners who live in one of the seven redevelopment project areas can obtain a written guarantee from the city that it will not seize their house for economic development purposes. The Redevelopment Agency is also proposing to amend the plan for the La Sierra/Arlanza project area to declare that it will not use eminent domain to acquire owner-occupied single-family houses. A group has also launched a petition drive for a possible June 2006 referendum to ban the Redevelopment Agency’s use of eminent domain for private development.Source: Doug Haberman, “Agency offers shield against eminent domain taking,” The Press-Enterprise, Sept. 29, 2005. Doug Haberman, “Petition to target eminent domain,” The Press-Enterprise, Oct. 25, 2005.

Siskiyou County—County supervisors overwhelmingly adopted the “Homeowners and Property Protection Ordinance” on August 9, bringing it back for a first reading in September. The ordinance would restrict the use of eminent domain to public use only, require judicial review, provide just compensation for such seizure, and give the property owners or heirs the right to reclaim the property if it ever ceases as serving a public use.Source: John Diehm, “Supervisors back eminent domain ordinance,”

Mt. Shasta News, August 18, 2005. San Diego—On September 12, 2005, the Government Efficiency and Openness Committee, chaired by City Councilwoman Donna Frye, recommended that the full City Council limit the government’s ability to take property and adopt other policies that protect property owners.

Contact FryeSource: “City looks at eminent domain; balks at waiver; adds to pension board,” Voice of San Diego, Sept. 13, 2005.San Diego County—County supervisors, lead by Bill Horn and Ron Roberts, ordered an immediate review of the county’s eminent domain policies on July 26, 2005.

Contact Horn Contact Roberts
Source: “County May Limit Eminent Domain,” The San Diego Union-Tribune, July 20, 2005.