In our April 16, 2008 post, we wrote about the 2 Eminent Domain Reform initiatives on the California ballot. On June 3rd, California voters defeated Proposition 98 and passed Proposition 99.
Here is an excerpt from the State of California Legislative Analyst's Office description of Proposition 99:
This constitutional amendment limits state and local government’s use of eminent domain in certain circumstances. Specifically, the measure prohibits government from using eminent domain to take a single-family home (including a condominium) for the purpose of transferring it to another private party (such as a person, business, or association).
This prohibition, however, would not apply if government was taking the home to:
- Protect public health and safety.
- Prevent serious, repeated criminal activity.
- Respond to an emergency.
- Remedy environmental contamination that posed a threat to public health and safety.
- Use the property for a public work, such as a toll road or airport operated by a private party.
In addition, the prohibition would not apply if the property owner did not live in the home or had lived there for less than a year.
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