1248 (07-0015) Title & Summary Eminent Domain Constitutional Amendment

Late yesterday the Secretary of State’s office provided the Title and Summary along with deadlines of Initiative #1248 whose title reads: GOVERNMENT ACQUISITION, REGULATION OF PRIVATE PROPERTY. CONSTITUTIONAL AMENDMENT.

This is the initiative that Californians United for Redevelopment Education (CURE) are supporting. The title that was submitted to the Attorney Generals office had read “California Property Owners and Farmland Protection Act.”

The co-sponsors of this Initiative are the Californian Farm Bureau Federation, the Howard Jarvis Taxpayers Association and the Californian Alliance to Protect Private Property Rights. The proponents being Doug Mosebar, Jon Coupal and Jim Nielsen.

From the Sec of State Web site:

Summary date 6/25/07 Circulation Deadline 11/26/07 Signatures Required 694,354

“Bars state and local governments from condemning or damaging private property for private uses. Prohibits rent control and similar measures. Prohibits deference to government in property rights cases. Defines “just compensation.” Requires an award of attorneys fees and costs if a property owner obtains a judgement for more than the amount offered by the government. Requires government to offer to original owner of condemned property the right to repurchase property at condemned price when property is put to substantially different use than was publicly stated. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local government: Increased costs to many governments due to the measure’s restrictions. The fiscal effect on most governments probably would not be significant. (Initiative 07-0015.)

Note: As a speaker at the Laguna Woods Village Expo 2007 last night I had the opportunity to discuss eminent domain and the pending reform measures. Although these were all senior citizens, like myself, they were very concerned about this issue and, without being asked, several offered to assist our group in gathering signatures for the above referenced initiative. Stay tuned.

Larry Gilbert, Orange County Co-Director, CURE

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