Proposition 90 is on this November's ballot but it's gotten very little attention in the press and TV. It's probably the most important issue on the ballot and one which has the potential to affect everyone in California. Proposition 90 is the Government Acquisition, Regulation of Private Property. Initiative Constitutional Amendment that "bars state/local governments from condemning or damaging private property to promote other private projects, uses. Limits government's authority to adopt certain land use, housing, consumer, environmental, workplace laws/regulations."
In 2005 the US Supreme Court in Kelo vs New London, upheld the city of New London's redevelopment agency decision to transfer land from one private owner to another under eminent domain to further economic development. This is seen by many as a clear violation of our Constitution's 5th Amendment. This decision has emboldened many local redevelopment agencies in their quest to declare private property "blighted" and seize it for transfer to another private party for economic purposes, not for "public use" as outlined in the 5th amendment. The term "public use" is being perverted to mean whatever a government agency decides it means. Whether you are a home-owner or small business owner, your property is at risk.
Though I usually don't vote yes on propositions, especially one involving amending the state constitution, I think this is a very important issue and I urge you to vote YES on Proposition 90 to protect your property rights and stop redevelopment and eminent domain abuse.
Sunday, October 15, 2006
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I couldn't agree more! Yes on prop 90.
ReplyDeleteI first became interested in this issue a few years ago, when I read in the paper how a church in Anaheim was "condemned" and seized using eminent domain. Then the property was sold (almost given away) at a discount to a department store. There was no real rationale, it was just that the church wasn't paying enough taxes, but the department store would pay lots of taxes.
This is taking from one private party and giving it to another. Since then, city and other government agencies have been "driving around," sometimes literally, eyeing properties and thinking "that would be a nice place for a store" and then seizing that property and giving it to some other developer. It's all "for the good of society" to them. The poor people who used to live or worship there probably disagree.
The power of eminent domain, sometimes called "the last despotic power" is restricted by the U.S. constitution to taking property for "public use." The courts have twisted this meaning into a purpose that someone says is "for the public good." Which is entirely different.
The yes on a proposition is a rare recommendation for me too. Most propositions are "permissions" to give more authority to the government. Prop 90 is the opposite, it's an assertion of a god-given right, the right to your own property.