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Eminent Domain

March 19, 2008

CalChamber Comes Out Against Prop 98

Calchamber More news on the anti-rent control measure masquearading as eminent domain reform headed to the June ballot.  The California Chamber of Commerce voted to oppose the Howard Jarvis-back Prop 98 last week, citing potential impacts on needed water infrastructure projects and the state's economic growth.  The Chamber took no position on the alternative Prop 99.  Read the press release from the Prop 99 camp on the Chamber's opposition to 98 here.

March 17, 2008

Protestors Decry Prop 98

Demonstrators gathered in the Bay Area this weekend to protest Proposition 98, an anti-rent control measure disguised as Eminent Domain reform.  The initiative, on this June's ballot and backed by the Howard Jarvis Taxpayers group, would phase out rent control measures across the state -- which has community groups in the always vocal Bay Area crying foul.  Take your pick of coverage from stories in the SF Chron, Oakland Trib and Chico Enterprise.

June's election is not anticipated to drive big numbers to the polls, and though the two eminent domain reform measures are the only statewide initiatives on the ballot, it doesn't diminish their importance in any way.  The choice between Jarvis' Prop 98 and the alternative proposal Prop 99 is huge, and will have long lasting affects on city government in this state.  If you havent' already, read up on the two measures here.

February 28, 2008

LA Times' Owner Stands to Profit from Eminent Domain Measure

The Capitol Weekly is reporting that the parent comapny for the LA Times, owned by Sam Zell, stands to gain up to $15 million if the Eminent Domain Prop 98 intiative passes in June.  Could be why they just donated $50,000 to the effort. 

It seems that the eliminations of rent control contained in the measure would result in substantial savings for Equity Lifestyle Properties Inc, who shares its chairman, Mr. Zell, with the Tribune Company, which owns the LA Times.  The Capitol Weekly has the story.

January 28, 2008

Rent Control vs. Eminent Domain Reform - 2008 Smackdown

Well it's official.

Both the eminent domain reform measure sponsored by local governments, environmentalists and business concerns will be facing off with landlords and the Howard Jarvis Taxpayer Association, a group that advocates for abolishing rent control. The showdown will crescendo in June of 2008 on what will otherwise be a sleepy ballot with expected low turnout.The Secretary of State issued ballot numbers Propositions 98 and 99.

Propostion 99, the eminent domain reform measure, protects homeowners from having their homes taken for economic development purposes. A salient, straightforward message that gets to the heart of the now famous Kelo supreme court decision. Word on the street is the measure polls very well and will have a deep and broad based coalition from conservatives, and business groups on the right to progressives and environmentalists on the left.

Jarvis3 Proposition 98, the measure designed to eliminate rent control is a typical special interest ploy hiding a politically unpopular (eliminating rent control) provision under a more popular banner. Unfortunately for the Howard Jarvis Taxpayer Association, the ruse didnt even last until the measure qualified with a huge in depth expose in the LA Times shining light on the deceptive measure.

"The Howard Jarvis Taxpayer Association - A Shill for greedy landlords?"

So there you have it. In between two historic elections in February and November will be a battle about two related, but different issues. Rent control and tenants rights advocates have already begun to make this issue a key test in Democratic primaries (certain to drive turnout up) and Republicans in open seats are likely to fall all over themselves to show support in protecting homeowners from eminent domain takings (also likely to help turnout). Might not be such a boring election after all.

January 17, 2008

Jarvis-Backed Eminent Domain Measure Qualifies

The Howard Jarvis Taxpayers- backed Eminent Domain "reform" measure has qualified for the June ballot. 

For those of you who have been following this story on CalfiorniaCityNews, you already know how this measure will eviscerate environmental protections, rent control, and water storage, but suffice to say, this is the most deceptive and harmful measure aimed at cities since... well, since last year when the same folks backed Prop 90. 

Meanwhile, the real eminent domain reform measure, The Homeowners Protection Act, is expected to qualify this week or next, giving Californians an opportunity to reform this practice without crippling the state for years to come.  The sponsors of the Jarvis measure are from a fringe group of the apartment owners associaition groups and cranky trailer park owners hell bent on throwing low income folks out of their homes, while the Homeowners protection Act is endorsed by a broad coalition of seniors, homeowners, business, labor, environmentalists, local governments, affordable housing advocates and others.  Visit Eminent Domain Reform Now for more information.

Also, the San Diego Union Trib has a thoughtful piece outlining the two different measures, well worth a read.

December 12, 2007

Renters Rights Blog Introduces Catchy New Youtube Video

A must see video on Youtube that was posted on a new blog dedicated to exposing the Howard Jarvis Measures "landlord scheme" - well worth a few minutes of your time.

December 11, 2007

Will Eminent Domain 'Reform' Remove Environmental Protections?

Just came over the wire...

New Legal Analysis Warns Bait and Switch 'Eminent Domain' Initiative Threatens Important Environmental Protections, Including California's Landmark Global Warming Legislation (AB 32)

Sacramento, CA - A new, independent legal analysis warns that the so-called "California Property Owners and Farmland Protection Act" (CPOFPA) could have a devastating impact on laws and regulations intended to protect the environment and to combat global warming. The analysis warns that the initiative could hinder implementation of Assembly Bill 32, California's landmark law to reduce greenhouse gas emissions. The measure would also roll back rent control protections and result in other adverse consequences.

The landlords sponsoring this measure are falsely claiming that their initiative has no "regulatory takings" impacts or impacts on the environment. This new legal analysis proves otherwise.  The analysis was independently commissioned by the California League of Conservation Voters Education Fund. It was written by one of the state's leading environmental law firms, Shute, Mihaly & Weinberger, and warns that the CPOFPA "appears to impair a broader class of environmental protections than did Proposition 90."

For complete legal analysis visit http://www.clcveducationfund.org/.

Continue reading "Will Eminent Domain 'Reform' Remove Environmental Protections?" »

November 28, 2007

Coalition Supporting True Eminent Domain Reform Submits Over 1 Million Signatures

The Eminent Domain Reform Now coalition has submitted over million signatures to qualify their "Homeowners Protection Act,"  a measure designed to protect the states homeowners. The measure also provides Californians a safer, saner and honest alternative to the Howard Jarvis-funded "Property Owners & Farmland Protection Act" which is really designed to repeal rent control laws in the state.

The Full Press Release is reprinted below, but it's critical to take a moment to point out how different the current Eminent Domain proposals are, and the potential pitfalls the state faces if the Jarvis measure passes.  Those of you that followed the Prop 90 battle last year may recall that proponents of that measure highlighted that other states had implemented similar "reforms" to those found in Prop 90, such as Oregon's Measure 37.  It's no surprise to learn now that, after close to 10,000 lawsuits, Oregonians cried uncle this month and passed a referendum on Measure 37

Most telling is that city officals are actively supporting the Homeowners Protection Act, and were engaged in the signature gathering process.  Read on about the real efforts to reform Eminent Domain...

Coalition Supporting True Eminent Domain Reform Submits Signatures Today to Qualify the Homeowners Protection Act for June 2008 Ballot
Sacramento, CA – Eminent Domain Reform Now, a coalition of seniors, homeowners, business, labor, environmentalists, local governments, affordable housing advocates and others today announced the submission of more than 1.1 million signatures to county elections officials to qualify their eminent domain reform measure for the June 2008 ballot.  The Homeowners Protection Act would prevent governments from using eminent domain to take an owner-occupied home to transfer to a private party.  The measure is a direct response to the U.S. Supreme Court’s infamous Kelo v. the City of New London decision from 2005.

“It’s been well over two years since the Supreme Court ruled in the Kelo case, and it’s high time that California enacted strong protections for homeowners against eminent domain for private development,” said Ken Willis, president of the League of California Homeowners.  “This measure would provide California homeowners with new, constitutional protections against eminent domain. We’re confident that we’ve collected the necessary signatures to place this measure on the June ballot, and are even more confident that voters will overwhelmingly support our measure when given the chance.”

Continue reading "Coalition Supporting True Eminent Domain Reform Submits Over 1 Million Signatures " »

October 30, 2007

Battle Joined Over Landlords’ Anti- Rent Control Measure

Mckeown_close_up2 A coalition of local elected officials, senior groups, tenant rights advocates and mobile home residents held a protest and news conference on Tuesday in front of the Apartment Owners Association of California convention at the Los Angeles Convention Center.


The Apartment Owners Association has contributed nearly $200,000 to the campaign that is attempting to place the so-called California Property Owner and Farmland Protection Act (spearheaded by the Jarvis Association) on the June 2008 ballot.

Continue reading "Battle Joined Over Landlords’ Anti- Rent Control Measure" »

September 11, 2007

ACA 8 Goes Down to defeat - The fight for eminent domain reform continues

By Mike Madrid

(Tuesday September 11, 2007) Shortly after 9pm the California State Assembly fell short of giving Californians eminent domain reform on a party-line vote of 45-30 (Assembly members Galgiani - D, Parra - D, and Horton - R abstained from the vote). The defeat of the legislation now means that the battle for eminent domain reform moves to the statewide ballot where two major associations are looking to advance their respective versions of reform before the voters.

Californians for eminent domain reform, a broad based coalition of local governments, environmentalists, and business organizations are in the process of securing enough signatures to qualify their measure for the June 2008 ballot. Their measure protects single family owner occupied housing from "private to private" transfers, meaning no one living in their home can have eminent domain used against them and have their property then sold to a private developer.

The Howard Jarvis Taxpayers Association and the California Farm Bureau are also advancing a measure that seeks to both limit the use of eminent domain for all property and eliminate rent control throughout the state. The measure has come under harsh criticism from ACWA (the Association of California Water Agencies), leading Republicans in the legislature and high-ranking officials in the Governors administration for provisions that eliminate the possibility of eminent domain being used for water storage and delivery in California. Californias drought and chronic water problems have made this a centerpiece of the Governors and rural Republicans' agenda. In fact, on the same day as ACA's defeat, the Governor called for a special legislative session to convene on water issues.

The competing measures set the stage for an interesting political showdown between the two organizations. The League of California Cities, the primary sponsor of the Californians for eminent domain reform measure has a proven track record of sponsoring and passing, as well as defeating ballot measures in California, most notably a similar eminent domain reform measure that masked a "regulatory takings" provision similar to the current Jarvis measure (Proposition 90). The Howard Jarvis Taxpayers Association, while a potent name with many conservatives in Sacramento, has shown little success at fundraising and sponsoring statewide ballot measures in recent memory. The California Farm Bureau hasn't been this actively engaged in a ballot measure since the "Big Green" initiative in the early 1990's.

While the legislative part of the reform effort appears to have ended, the iniative phase is just ramping up. The Howard Jarvis measure has raised over $1 million with almost that same amount needed to qualify the measure. Fundrasing has slowed dramatically for the measure after the damaging water flaw was uncovered. It appears donors are reluctant to contribute to a measure that will likely have significant opposition from the political, business and agricultural community - especially after comments from Governor Schwarzenegger's administration publicly expressed concern.

Both initiatives will have until early to mid November to submit nearly 800,000 valid signatures in order to appear before the voters in June 2008.