Eminent Domain

Eminent Domain Initiative Sponsors Go To Court To Get On The Ballot

Joe Mathews — Tue, 19 Aug 2008 03:09:00 -0400

Proponents of two Missouri initiatives to restrict the state's use of eminent domain failed to gather enough signatures to qualify the measures for the ballot, the Secretary of State ruled. But the proponents say valid signatures were ruled invalid, and are asking a court to put the initiatives on the ballot. The proponents say that the state tossed out signatures because officials wrongly believed the gatherer was not registered to vote.

Defeated Initiative Spawns Tenants' Movement in California

Joe Mathews — Thu, 05 Jun 2008 16:42:00 -0400

The San Francisco Chronicle argues today that the effort to defeat Prop 98, a measure to limit eminent domain that also would have outlawed rent control, has sparked a new tenants' rights movement in California.

"Softer" Eminent Domain Measure Wins

Joe Mathews — Wed, 04 Jun 2008 14:31:00 -0400

Prop 99, the California League of Cities counter-initiative to the much more stringest anti-eminent domain Prop 98, won the approval of the state's voters in balloting completed yesterday. By design, the measure does very little--protecting some homeowners from some kinds of eminent domain takings. It doesn't protect businesses from having their land and property taken for private development. Prop 98 would have permitted broader protections, but it was undone by a plank eliminating rent control and the opposition of Gov. Arnold Schwarzenegger and state leaders, who worried that it's strict limits on eminent domain would slow the replacement and expansion of state infrastructure.

98 Ends Rent Control, 99 Undermines Mom and Pop

Joe Mathews — Mon, 02 Jun 2008 15:05:00 -0400

At the LA Weekly, Jill Stewart deconstructs the two competing California ballot initiatives to limit eminent domain. Prop 98 puts more restrictions on government's ability to take land for private development. Stewart argues that the two main things to know are these. Prop 98 would end rent control (a provision added to attract funding for the initiative) and Prop 99 would protect some homeowners but would leave cities free to take the land of mom-and-pop stores.

Eminent Domain Clash Focuses More on Rent Control

Joe Mathews — Wed, 28 May 2008 23:23:00 -0400

The debate over competing statewide initiatives on eminent domain -- Propositions 98 and 99 on the June 3 ballot in California -- is focusing on Prop 98's prohibition of rent control, the Contra Costa Times says. Recent polling shows that voters are inclined to turn down both initiatives.

Scaring the Seniors

Joe Mathews — Thu, 22 May 2008 23:50:00 -0400

This new No on Prop 98 ad ( the more conservative of the two measures to limit eminent domain in California) shamelessly doesn't even mention eminent domain. Instead, it attempts to frighten seniors by highlighting an AARP endorsement and suggesting old folks will be kicked out of their homes. The initiative does limit rent control, but this exaggeration is pretty gross.

And here's the Yes on 98 ad, which isn't any more honest. It omits the fact that the initiative would end rent control. And according to the LA Times, the woman who claims her home was seized actually sold it -- 30 years ago -- after there was a threat of eminent domain.

PPIC Poll: California Eminent Domain Measures Lack Majority

Joe Mathews — Thu, 22 May 2008 16:42:00 -0400

A new poll from the Public Policy Institute of California finds that the two competing eminent domain measures, Propositions 98 (backed by conservatives, anti-tax groups) and Prop 99 (backed by cities), have less than 50 percent support. Less than two weeks before an election, that often spells doom for both measures. As such, this would be a victory for the backers of Prop 99, who qualified the measure in order to beat Prop. 98. Qualifying your own measure to defeat one you don't like is a time-tested tactic. In most cases, both initiatives go down. Each initiaitve purports to restrict the ability of governments to take property for private purposes, though Prop 98's protections are stronger--so strong the initiative also would eliminate rent control.

In other findings, the poll shows that Gov. Schwarzenegger's lottery plan is unpopular with the public--and his back-up proposal, a one-cent sales tax increase, has support from a narrow majority.

Monday Round Up: Speaker's Initiative; Arizona Transportation

Joe Mathews — Mon, 05 May 2008 17:09:00 -0400

NEW SPEAKER MAKES BALLOT INITIATIVE A PRIORITY: Here's another example of how thoroughly California has become a blockbuster democracy: the state's new Assembly Speaker, the formidable Karen Bass, has announced three priorities for her time as speaker. One is a ballot initiative to set aside funding for foster care. That's right, the speaker of the assembly, with considerable power, must look to the voters for a budget item. And her other two priorities -- balancing the budget and reforming the tax system -- almost certainly would require voters to sign off on constitutional changes at the ballot.

ARIZONA TRANSPORTATION: A $42 billion transportation tax initiative is expected to be filed in Arizona this week. And The Republic has a preview.

LEAGUE OF CITIES INVESTMENT: The California League of Cities has now put more than $4 million into its no on Prop 98/ Yes on Prop 99 campaign on eminent domain. The campaign's goal, which includes the counter measure Prop 99, is to stop an effort by property rights and taxpayer groups to limit municipalities' ability to take property. Hat tip, Election Track.

STATE GOP HAS A PULSE: California Republicans finally have been galvanized by something--the attempt to recall State Senator Jeff Denham. Via the LA Times.

SO WHAT ARE THEY SUPPOSED TO DO? Most of the time, your blogger doesn't understand conservative rage at the press. But once in a while, after an editorial like the following, he gets it. The Contra Costa Times says eminent domain shouldn't be changed at the ballot. But the legislature has failed to act one way or another in response to the U.S. Supreme Court decision that dramatically expanded the rights of local governments to take land. In California's governing structure, where else would you suggest property rights advocates go?

ANOTHER LOOK AT CALIFORNIA ENERGY POLICY: Gov. Schwarzenegger has gotten very little criticism for his efforts on energy and global warming, but the Wall Street Journal had an interesting piece this weekend taking him on. I don't agree with much of it -- it's the classic conservative argument that mandates won't work -- but he draws blood in talking about California's self-congratulation even as it continues to rely on dirty, coal plants outside the state for much of its energy needs.

Great Resource on Ballot Measure Money in California

Joe Mathews — Fri, 02 May 2008 15:42:00 -0400

Take a look at ElectionTrack, which provides daily updates on donations to major California campaigns, including ballot measure ones. For example, here are reports on the two competing eminent domain initiative campaigns for the June ballot: No on 98/Yes on 99 and Yes on 98

Read What You Sign, Folks

Joe Mathews — Thu, 01 May 2008 15:25:00 -0400

This Associated Press story from Missouri tries to turn what is routine into a scandal. A reporter watches signature gathering in St. Louis on multiple ballot measures, and interviews a man who signs his name three separate times, not realizing he is signing three separate petitions -- including a Ward Connerly-backed anti-affirmative action initiative he doesn't like -- instead of just one. It appears the gatherer talked ot him only about the first petition, an eminent domain measure, and not the others, including the affirmative action one. This is treated as an outrage.

Yes, it would be nice if gatherers patiently explained everything they are doing, but this is typical behavior and -- in the next phrase I'm practicing law without a license -- doesn't violate misrepresentation laws, despite the claims of the AP. Signature gatherers -- who are paid by the signature -- typically carry all of the better paying petitions in a state on their clipboards, and love to get signatures on multiple measures. It is not the gatherers' job or responsiblity to explain what voters are signing. It's the responsibility of voters. The gentleman in the AP story could have simply taken the time to read each of the things he was signing. It is not too much to ask. Signature gatherers are there to collect signatures, not to protect you from yourself.