Dan Walters: Eminent domain bills are stalled

When the U.S. Supreme Court ruled this summer that governments could seize homes and other property to facilitate private development projects, it touched off a political firestorm throughout the nation - including California - and fueled demands for new barriers to misuse of governmental "eminent domain" powers.

California's version of the debate centered on the aggressive use of eminent domain - or the threat to use it - by city redevelopment agencies to assemble land for hotels, auto malls, big box retailers and other projects.

Although California law says that redevelopment powers can be invoked only to combat "blight," local officials have been quite creative in their application of the term. And when the Supreme Court declared that "there is no basis for exempting economic development from our traditionally broad understanding of public purposes," it seemingly validated those aggressive redevelopment efforts.

The resistance to aggressive misuse of eminent domain is one of those rare issues that cross usually stark ideological lines. Conservative property rights advocates and liberal activists for the poor are equally concerned about seizing homes and small businesses and bulldozing them on behalf of politically favored developers.

. . . Tom McClintock, a Republican state senator from Thousand Oaks and a leading conservative political figure, took up the eminent domain crusade in the Legislature after the Supreme Court's ruling, saying that it "breaks the social compact that gives government its legitimacy and opened a new era when the rich and powerful can use government to seize property of ordinary citizens for private gain." He and others introduced bills, including constitutional amendments, to restrict such seizures to purely public projects.

The Sovietization of America continues one little piece at a time...

I am sure that many of you have heard of the PAWS (Pet Animal Welfare Statute) 2005 that is being introduced in the US Senate as Bill 1139 and the US House of Representatives as Bill 2669. If these Bills gain passage they will have an affect on all hobby breeders, dog rescue groups and all imports of dogs. This legislation would require all breeding stock and puppies to be raised in commercial USDA Licensed kennels and sold through USDA Licensed retail businesses.

This legislation will make it nearly impossible for the breed enthusiast to continue to breed, raise and sell dogs from their home. I urge each of you to take a serious look at this proposed legislation and contact your Senators and Congressional Representatives, as soon as possible, to let them know how you feel about these bills.

Ironically, the only eminent domain-related bill to reach Gov. Arnold Schwarzenegger's desk was a measure that allows the Rumsey Band of Wintun Indians, which operates the Cache Creek Casino in Yolo County, to join a joint powers consortium with local governments and the University of California to manage the 17,300-acre Conaway Ranch. While the county would purchase the land - or acquire it through eminent domain - the Rumsey Band has agreed to help finance the transaction.

Whether the tribe's interest in the Conaway Ranch is just an expression of civic involvement, or it has some other, more commercial interest is yet to be discovered. But allowing a casino-owning tribe to even indirectly participate in an eminent domain action sets a potentially worrisome precedent.

Related thread:

CA: Assembly sends Conaway Ranch bill to governor

Ironically, the only eminent domain-related bill to reach Gov. Arnold Schwarzenegger's desk ...

FYI, I was reading AB 1201, Sierra Nevada Conservancy, which Arnold signed on September 6.
It included the following:

33347.  (a) The conservancy may acquire from willing sellers or
transferors, an interest in any real property, in order to carry out
the purposes of this division. However, the conservancy shall not
acquire a fee interest in real property by purchase.
   (b) The acquisition of an interest in real property under this
section is not subject to the Property Acquisition Law (Part 11
(commencing with Section 15850) of Division 3 of Title 2 of the
Government Code), unless the value of the interest exceeds two
hundred fifty thousand dollars ($250,000) per lot or parcel, as
adjusted for annual changes to the Consumer Price Index for the State
of California, as calculated by the Department of Finance. However,
the conservancy may request the State Public Works Board to review
and approve specific acquisitions.
   (c) The conservancy shall not exercise the power of eminent
domain.

Quietly, however, the moratorium bills were themselves put on the shelf as the session ended - with Democrats blaming Republicans. "With every vote, they tried to derail this prudent response," said Sen. Christine Kehoe, D-San Diego, who carried one of the moratorium bills.

Kehoe's finger-pointing, however, was more than a little disingenuous since the stalled bills required only simple majority votes and thus needed no Republicans to go along. Clearly, this was a Democratic action, not a Republican one, perhaps just a feint to pretend to do something about eminent domain without actually doing anything to upset the apple cart.

So Sen. Christine Kehoe, D-San Diego, is a liar. Surprise, surprise.

I didn't see this "Ping" on my ping list!!! I just happened upon it by pure chance!!!

Yes, I remember when Leslie's staffer was up at our local Taxpayers Association meeting patting his boss on the back for that. He claimed the they were trying to put their fingers in the dike to plug every leak they could think of finding, due to the EXTREME PRESSURE of the SCHWARTZENRENEGGER STEAMROLLER!!!

I'm just so excited about him running again... NOT!!!

By the way!!! I saw on the noon news that Parsky and Issa are running on the CA Republican Primary ticket for Governor against the SCHWARTZENRENEGGER STEAMROLLER!!!

Issa I could understand, but PARSKY??? What the heck is THAT??? Calling Carry_Okie!!! Calling Carry_Okie!!!

I still think is was incredablly stupid for the CRP to endorse A.S. so far before even a Primary Election! What if he still has a stroke and can do nothing but drool down the front of his stinky cigar smoke filled shirt???

I bet there'd still be a pile of swooners from FR that would still browbeat the rest of us to vote for their deflated "steamroller!"

There are still eminent domain bills alive for the second year of this session (2-year bills). Here is one:

BILL NUMBER: SB 1099

INTRODUCED BY Senator Hollingsworth

FEBRUARY 22, 2005

An act to amend Section
1240.010 of the Code of Civil Procedure, relating to eminent domain.

THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

SECTION 1. The Legislature finds and declares all
of the following:
(a) California's 84,000 farms cover about one-third of the state's
total land area. More than 97 percent of California farms are family
farms or partnerships. California has lead the nation in
agricultural production for more than 50 years.
(b) In the Central Valley, agriculture supports 30 percent of all
jobs. California agriculture and related industries directly account
for 7 percent of the gross state product. The gross cash income of
California's farmers and ranchers was $27.5 billion in 2002.
California farmers produce more than 250 commodities from almonds to
walnuts, and they lead the nation in 75 commodities.
(c) California produces all of the nation's commercially grown
almonds, artichokes, dates, figs, kiwifruit, nectarines, olives,
persimmons, pistachios, prunes, raisins, and walnuts. California
ranks number one in the United States in production of floral
products and contributes 22 percent of the national production. Farms
in the Golden State produce more than one-half of the nation's
fruits, vegetables, and nuts from just 3 percent of the nation's
farmland.
(d) California leads the nation in agricultural exports, shipping
more than $6.4 billion in food and agricultural commodities around
the world, nearly 17 percent of its agricultual production. One
California farmer supplies enough food, fiber, and flowers for 135
people. Agriculture supports 1.1 million jobs, nearly 8 percent of
all jobs.
SEC. 2. Section 1240.010 of the Code of
Civil Procedure is amended to read:
1240.010. (a) The power of eminent domain
may be exercised to acquire property only for a public use. Where the
Legislature provides by statute that a use, purpose, object, or
function is one for which the power of eminent domain may be
exercised, such that action is deemed
to be a declaration by the Legislature that such
the use, purpose, object, or function is a public use.

(b) The power of eminent domain may not be exercised to acquire
agricultural property for public use unless the condemnor does either
of the following:
(1) Retains direct ownership of the property for the stated public
use.
(2) Transfers the property to a private entity for a public use
limited to health care facilities, public utilities, transit
facilities, including railroads, or other common carriers.

(c) (1) For purposes of this section, "agricultural property"
includes, but is not limited to, property that is used for the
following:
(A) Growing crops.
(B) Cultivation.
(C) Orchards.
(D) Dairies.
(E) Agricultural research.
(F) Greenhouse facilities.
(G) Plant nurseries.
(H) Ranching operations, including range lands and corrals.

(I) Any other agricultural use that produces plant or animal
products for commercial purposes.
(2) "Agricultural property" also includes any housing used for or
in support of commercial agricultural activities, including
farmworker housing and open-space areas that are fallow or contain
apiaries, aviaries, seasonal ponds, vernal pools, wetlands, or other
habitat areas.

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