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.

portrait of professional woman

I love the variety of courses, many practical, and all richly illustrated. They have inspired many ideas that I've applied in practice, and in my own teaching. Mary G., Urban Planner

I love the variety of courses, many practical, and all richly illustrated. They have inspired many ideas that I've applied in practice, and in my own teaching.

Mary G., Urban Planner

Cover CM Credits, Earn Certificates, Push Your Career Forward

Logo for Planetizen Federal Action Tracker with black and white image of U.S. Capitol with water ripple overlay.

Planetizen Federal Action Tracker

A weekly monitor of how Trump’s orders and actions are impacting planners and planning in America.

July 16, 2025 - Diana Ionescu

Green vintage Chicago streetcar from the 1940s parked at the Illinois Railroad Museum in 1988.

Chicago’s Ghost Rails

Just beneath the surface of the modern city lie the remnants of its expansive early 20th-century streetcar system.

July 13, 2025 - WTTV

Blue and silver Amtrak train with vibrant green and yellow foliage in background.

Amtrak Cutting Jobs, Funding to High-Speed Rail

The agency plans to cut 10 percent of its workforce and has confirmed it will not fund new high-speed rail projects.

July 14, 2025 - Smart Cities Dive

Worker in yellow safety vest and hard hat looks up at servers in data center.

Ohio Forces Data Centers to Prepay for Power

Utilities are calling on states to hold data center operators responsible for new energy demands to prevent leaving consumers on the hook for their bills.

July 18 - Inside Climate News

Former MARTA CEO Collie Greenwood standing in front of MARTA HQ with blurred MARTA sign visible in background.

MARTA CEO Steps Down Amid Citizenship Concerns

MARTA’s board announced Thursday that its chief, who is from Canada, is resigning due to questions about his immigration status.

July 18 - WABE

Rendering of proposed protected bikeway in Santa Clara, California.

Silicon Valley ‘Bike Superhighway’ Awarded $14M State Grant

A Caltrans grant brings the 10-mile Central Bikeway project connecting Santa Clara and East San Jose closer to fruition.

July 17 - San José Spotlight