NFIB

We scored a major victory for small business this year with the defeat of faux eminent domain reform legislation. In 2005, the U.S. Supreme Court ruled that the city of New London, Conn., was justified in taking a private home against the owner's wishes in order to give that property to a private developer because it increased tax revenue. The California Legislature responded with ACA 8 that did little to protect small business, leaving them at the whim of local government. Workfin with a coalition that included Howard Jarvis Taxpayers' Association, lobbied successfully for the defeat of fake reform and it never made it off the Assembly floor.

We support true eminent domain reform, like what is proposed in the California Property Owners and Farmland Protection Act California Constitutional Amendment. Statewide survey research shows more than 67 percent support an eminent domain reform ballot initiative -- Republicans, Democrats, independents, seniors and baby boomers all support this initiative. This initiative reaffirms and strengthens the private property protections set forth in our state constitution.

Key provisions in the initiative:

• Private property may not be taken by eminent domain for private use under any circumstances (i.e. to build a shopping center, auto mall or industrial park).
• Property may be taken by eminent domain only for public use (i.e. freeway construction, parks, schools).
• Property may not be taken by government for the same purpose (i.e. residential housing cannot be used for government housing).
• Family farms and open space are protected from seizures by government for the purpose of selling the natural resources.
• If a public agency takes property under false pretenses, or abandons its plans, the property must be offered for sale to the original owner at the original price and the property tax would be assessed at the value of the property when it was originally condemned.
• If farmers or business owners are evicted by eminent domain, they would be entitled to compensation for temporary business losses, relocation expenses, business reestablishment costs and other reasonable expenses.
• Government may not set the price at which property owners sell or lease their property. However, tenants who live in rent-regulated communities will continue to receive the benefit of those regulations as long as they live in their apartments or mobile homes.

Stories of eminent domain abuse continue to come to our attention every day. Most recently a story about abuse in Southern California was chronicled by the San Gabriel Valley Tribune.

For more information on how you can support private property rights protection, visit www.yesonpropertyrights.com.