OC Taxpayers Association supports Proposition 98

I just received the following position paper on Propositions 98/99:

Proposition 98: Government Acquisition, Regulation of Private Property, Constitutional Amendment.

OC Tax Position: SUPPORT

Proposition 98 would:

Bar governments from condemning or damaging all types of private property for private uses;

Prohibit rent control for new renters, but allow existing renters to enjoy rent control until they move;

Prohibit deference to government in private property rights cases;

Award attorneys’ fees and costs if a property owner obtains a judgement form ore than the amount offered by the government;

Require government to allow original owner to repurchase property at condemned price when property is put to substantially different use than was publicly stated.

Fiscal impact: no significant impact on state or local government

OC Tax’s Analysis

The Fifth Amendment makes property rights a brick in the foundation of our liberty, but property rights have been under attack since–oh, about December 15, 1791–by people who feel governments, not owners, should determine the best use of property. In 2005 the U.S. Supreme Court’s “Kelo” decision upheld governments’ rights to take private property for “economic development.” (Translation: “condemn homes and small businesses in order to build shopping centers and auto malls to increase property tax revenue.”) The Supremes did one thing right in Kelo: they allowed state and local governments to restrict the exercise of eminent domain. In 2006, OC Tax successfully supported Orange County Measure A, which banned the County of Orange from using eminent domain to take property from a private owner, without the owner’s consent, to convey the property to another Private owner.

A competing measure is Proposition 99, which would protect owner-occupied single-family homes (including condominiums) against eminent domain but would not protect churches, farms, businesses, apartment owners and tenants. Proposition 99 would not ban rent control. Even the Legislative Analyst says Proposition 99…would not change significantly current government land acquisition practices.”Both propositions would allow eminent domain for purposes of public works, health and safety.

If Proposition 99 passes by more votes than Proposition 98, Proposition 98 would not take effect.”

Gilbert comment: Check the bottom line of the OC Tax announcement.

Think about the “poison pill” in Prop 99 that should they prevail would void the protections of Prop 98. They do not want to lose their eminent domain powers to take churches, small businesses or family farms for private use with their bogus initiative.

Simply stated. Vote YES on Proposition 98. Vote NO on Proposition 99.
Larry Gilbert, OC chairman, Proposition 98 campaign

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