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Today, the Siskiyou County Board of Supervisors unanimously directed that the following text from The Private Property Protection Act of 2005 (CA Senate Constitutional Amendment 15 McClintock and Assembly Constitutional Amendment 22 La Malfa) be adapted to local ordinance form by our County Counsel and be brought back at our next Board meeting in September for its first reading for adoption.

(a) Private property may be taken or damaged for a stated public use only when just compensation, ascertained by a jury unless waived, has first been paid to, or into court for, the owner. The Private property may not be taken or damaged for private use.

(b) Private property may be taken by eminent domain only for a stated public use and only upon an independent judicial determination on the evidence that the condemnor has proven that no reasonable alternative exists. Property taken by eminent domain shall be owned and occupied by the condemnor or may be leased only to entities that are regulated by the Public Utilities Commission. All property that is taken by eminent domain shall be used only for the stated public use.

(c) If any property taken through eminent domain after the effective date of this subdivision ceases to be used for the stated public use, the former owner of the property or a beneficiary or an heir, if a beneficiary or heir has been designated for this purpose, shall have the right to reacquire the property for the compensated amount or the fair market value of the property, whichever is less, before the property may be sold or transferred.

(d) The Board of Supervisors may provide for possession by the condemnor following commencement of eminent domain proceedings upon deposit in court and prompt release to the owner of money determined by the court to be the probable amount of just compensation.