Libertarians v. Planners - Round II

Last year California was one of the states targeted by libertarians in the post-Kelo environment for an initiative that, if successful, would essentially outlaw takings. The country is still at near-fever pitch about eminent domain, but the really scary aspect of the legislation (modeled on Oregon's Prop 37) was that it would have virtually tied local governments' hands with regard to regulatory takings as well. In California Proposition 90 failed to pass after the New York developer who was financing the campaign stopped funding it. However, the Yes campaign had created some strange bedfellows, with poor African-Americans in particular advocating Yes votes as a way to end the destruction of their neighborhoods through badly managed redevelopment initiatives.

1 minute read

November 18, 2007, 7:31 PM PST

By Lisa Feldstein


Last year California was one of the states targeted by libertarians in the post-Kelo environment for an initiative that, if successful, would essentially outlaw takings. The country is still at near-fever pitch about eminent domain, but the really scary aspect of the legislation (modeled on Oregon's Prop 37) was that it would have virtually tied local governments' hands with regard to regulatory takings as well. In California Proposition 90 failed to pass after the New York developer who was financing the campaign stopped funding it. However, the Yes campaign had created some strange bedfellows, with poor African-Americans in particular advocating Yes votes as a way to end the destruction of their neighborhoods through badly managed redevelopment initiatives.

 Well, they're trying again. This time, the stated goal of the initiative backers is to remove the vestiges of rent control that are still legal in California. However, they won't stop there - the Reason Foundation and their confederates seek nothing less than to immobilize government by making it illegal to enact any law that puts any legal person (that includes, recall, corporations) in a worse economic position than they were previously. No rezoning. No inclusionary zoning. No taking health impacts into account when making land use decisions. No congestion pricing. The list goes on.

Gird up. It's going to be a long battle. 


Lisa Feldstein

Lisa Feldstein is a Doctoral Candidate at the Department of City and Regional Planning at UC Berkeley. She is a 2012 Robert & Patricia Switzer Foundation Fellow, a 2012 Fellow at the Institute for the Study of Societal Issues, the 2010 recipient of The Robert A. Catlin/David W. Long Memorial Scholarship, and the 2009 recipient of the Friesen Fellowship for Leadership in Undergraduate Education. Lisa is formerly the Senior Policy Director with the Public Health Law Program, in which capacity she directed the organization's Land Use and Health Program.

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