Eminent Domain Seen as NOT an OPTION in ORANGE County Cities:
http://www.cfrw.org/legislation/legislationupdate.php?date=2005-07-22
The first question that came to my mind was, who determines the definition of blight--the state/local government, the redevelopment agency, the property owner? As you may have already surmised, the definition is wide open for interpretation and is widely abused. Incidents of abuse can be seen in eminent domain cases in the cities of Garden Grove, Lake Elsinore, Fresno, and San Bernardino (see Click here:
http://www.claremont.org/projects/local_gov/essays/kelo.htm),
and those are just the tip of the iceberg.
What is being done in California to curtail these abuses and the rein in the effects of the Kelo decision? Assemblymember Mimi Walters (R-Laguna Niguel) has introduced amendments to her Assembly Bill 590 to specifically address this issue.
Assembly Bill 590 would amend Section 1240.010 of the Code of Civil Procedure, relating to eminent domain; AB 590 would specifically prevent local governments from using the Kelo decision to take private property for private business development.
The California Constitution authorizes governmental entities to take or damage private property for public use only when just compensation, determined by a jury unless waived, has first been paid to, or into the court for, the owner. The Eminent Domain Law authorizes public entities (government) to acquire property only for public use. Assemblymember Mimi Walters bill would provide that public use does not include the taking or damaging of property for private use, including, but not limited to, the condemnation of non-blighted property for private business development.
I would urge support of Assembly Bill 590.
I would also like to congratulate Orange City Council for expressing unanimous opposition to the Kelo decision.
The right to own property is a fundamental part of the United States Constitution, and yes, it is a civil right. Finally, something Republicans, Democrats, Independents and even Libertarians can agree upon.
