Eminent Domain Back On The Ballot In California

Two ballot measures -- one sponsored by property owners, the other by local government groups and businesses -- seek to tighten the rules around eminent domain, and potentially end rent control in the state.

2 minute read

May 2, 2008, 7:00 AM PDT

By Christian Madera @http://www.twitter.com/cpmadera


"Proposition 98, which will appear on the June 3 ballot, establishes limits on what local government officials can do. It bars them from seizing private land for private use, a policy sometimes deployed for economic development, and prohibits public officials from putting rent controls on private property, which some say is the most drastic provision of the proposition.

Proponents of the measure -- property rights activists, taxpayer groups and farmers -- call it a necessary intervention to prevent heavy-handed government.

Opponents -- many government leaders, tenants groups and handful of social and environmental interests -- say the measure hinders government's basic responsibility of advancing public interest. The biggest casualty, they say, would be low-income tenants protected by rent control, of which there are thousands in Santa Cruz County.

A competing measure, Proposition 99, was put on the ballot by groups representing local government. Responding to concerns that eminent domain can be excessive, Proposition 99 provides an alternative that would ban government from taking homes for private use, but it does not rule out commercial property or farmland.

If both measures pass, language in Proposition 99 gives it precedence.

County Supervisor Jan Beautz, who sponsored a county resolution against Proposition 98, says nobody wants their property taken, but that's not what the initiatives are really about.

They're a referendum on rent control, says Beautz, whose Live Oak district includes a number of mobile home parks -- the only areas in Santa Cruz County where rent-control laws exist."

Monday, April 28, 2008 in San Jose Mercury News

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