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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.

Lisa Feldstein | November 18, 2007, 7pm PST
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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. 

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