Prop 90 Sacramento Hearing feedback

I would hope that readers of this post are familiar with the current efforts in CA and around the country to protect private property rights of all Americans. Sadly we need to “fix” our laws to stop the intimidation by government agencies “taking” private property for “private use” when our homes, businesses, and farms are “not for sale.”

A joint hearing of our Assembly’s Local Government Committee, composed of both Democrat and Republican members, was held in Sacramento yesterday to discuss Proposition 90, the “Protect Our Homes Initiative.”
Let me quell the opponents scare tactics by comparing our Initiative, Prop 90, Vs the Oregon law based on a call from the Honorable Yes on 90 Chairperson, Assembly Member Mimi Walters.
The sky is not falling as opponents would have us believe. Prop 90 is NOT a taxpayers trap. The opponents reference Oregon’s Prop 37 stating $5.2 billion in regulatory takings. The problem is that the Oregon law included “retroactive” takings. Note: They have a deadline of Dec 7, 2006 to file claims. To date, no money has been paid out. Further there have been no new claims filed in Oregon since their law was passed.

Don’t be misled. Our Initiative is very clear and different. Simply read Section 1, item (d) which states as follows: “This constitutional amendment shall apply prospectively. Its terms shall apply to any eminent domain proceeding brought by a public agency not yet subject to a final adjudication. No statute, charter provision, ordinance, resolution, law, rule or regulation in effect on the date of the enactment that results or has resulted in a substantial loss to the value of private property shall be subject to the new provisions of Section 19 of Article 1.”

Simply stated it is not retroactive!

I must question the selection and inclusion of the attorney representing Best, Best and Krieger who was invited to present “an objective, non biased analysis” at yesterday’s hearing when his firm donated $25,000 to the No on 90 campaign.

Having personally met over 130 victims from around the nation in June, and staying in contact with many of them, you cannot begin to understand the “human toll” they have and continue to suffer when big brother shows up with the sheriff to remove you from your property. If we fail to pass Prop 90 what message is that sending to the rest of the Nation? Even one of the US Supreme Court Justices, in his opinion of the Kelo v. New London decision, said that individual states can establish tougher laws to enforce our property rights protection. The founding fathers tried to protect us from government takings by including the last 12 words of the Fifth Amendment. Don’t let this abuse continue.

I urge you to vote Yes on Prop 90.
Larry Gilbert

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