Eminent Domain. Limits on Government Aquisition of Owner-Occupied Residence.
Initiative Constitutional Amendment.

THE QUESTION

Should the California constitution be amended to restrict state and local governments’ authority to take owner-occupied dwellings through eminent domain?

THE SITUATION

The power of eminent domain allows governments (local, state or federal) to take property for public use, even from an unwilling seller, as long as they pay a fair price for it. Typical public uses include parks, roads, and schools. Public use may also include goals such as downtown redevelopment, affordable housing, or crime reduction. Governments usually build and operate public projects, but they sometimes transfer property to private businesses or nonprofit organizations for redevelopment projects.

THE PROPOSAL

Proposition 99 would change the state Constitution to limit governments’ use of eminent domain in certain circumstances. Specifically, Proposition 99 would prohibit state and local governments from taking an owner-occupied dwelling (including a condominium) in which the owner has resided for a year or longer, for the purpose of transferring it to another private party such as a person, business, or association.

Proposition 99 would also require that if it passes by a greater number of votes than Proposition 98, none of the provisions of Proposition 98 would become law.

FISCAL EFFECT

According to the Legislative Analyst, since the kind of taking prohibited by this proposition is uncommon, Proposition 99 will have little effect on eminent domain proceedings in California. Individual governments may face increased costs to acquire specific property for public use, but the net statewide fiscal effect probably would not be significant.

WHAT A YES VOTE MEANS

Governments would no longer be able to use eminent domain to take an owner-occupied residence for the purpose of transferring it to a private party.

WHAT A NO VOTE MEANS

There would be no change in government authority to take an owner-occupied residence for a public purpose as long as the owner is paid for its value.

SUPPORTERS SAY

• Proposition 99 prohibits government from using eminent domain to take someone’s home to transfer it to a private developer.
• Proposition 99 is straightforward: it is the best way to protect homeowners, without hidden agendas.

OPPONENTS SAY

• Proposition 99 looks like it protects homeowners, but it does almost nothing.
• The politicians and developers who paid more than $4 million to put Proposition 99 on the ballot are trying to defeat Proposition 98 by confusing voters with a similar, weaker measure.

FOR MORE INFORMATION

Supporters:   Protect Homeowners from Eminent Domain. 888-362-2337. www.YesProp99.com

Opponents:   Californians for Property Rights Protection. 916-556-1110. www.NoProp99.org

For more information from the League of Women Voters and others, see Smart Voter on Proposition 99.

The League of Women Voters of California is a nonpartisan organization committed to informed and active citizen participation in government. All citizens, men and women, of voting age are welcomed to join. The League has two roles, citizen education and advocacy. Our election services are carried out by the League of Women Voters of California Education Fund (LWVCEF) and exclude all advocacy.