Governments' ability to seize property at stake on June ballot[CA][Eminent Domain][Prop 98 & 99]

AP ^ | 01 Mar 2008 | Samantha Young

[BGHater]

While most developers were eyeing property in suburbia in the 1980s, Moe Mohanna was staking his claim on some rundown buildings a few blocks from the state Capitol.

The Sacramento landlord began fixing up nine storefronts along K Street in an area frequented by vagrants. His properties are at the heart of the city's plans to revitalize its business district.

After years of failed negotiations to rehabilitate, exchange or buy Mohanna's buildings—which the city says violate health and safety codes—Sacramento's redevelopment agency recently moved to condemn and seize his property.

"We've done all of these things, and they are chasing us out of town," Mohanna said, as he showed photographs of once-dilapidated buildings that have a fresh coat of paint and new verandas. "They want to give the blocks to their favorite developers, and I'm just not one of them."

Mohanna vows to fight in court to keep his property, but he may score an early victory if Californians approve one of two competing eminent domain initiatives on the June primary ballot.

The initiatives—propositions 98 and 99—would make it tougher for government agencies to seize a person's home.

But that's where the similarities end in what is shaping up to be a multimillion dollar campaign fight. The attempt to expand protections for property rights is part a national movement to limit governments' ability to seize land from unwilling sellers.

In California, the choice for voters in June will be whether they want to restrict the ability of government to take property for economic redevelopment projects—and if so, by how much.

Government agencies can seize property for public projects such as schools, roads, libraries and utility rights-of-way. They also can take blighted property. In all cases, government must pay property owners fair market value.

[rb22982]

Eminent domain is one of those issues that can at times make my blood boil. There are times where it can be useful but it seems to be abused more and more for states who simply want to allow some developer to build a bigger building that will pay more taxes or whatever reason. Without knowing all of the details, on its face I hope the 2 propositions pass. If a man’s property isn’t safe from the government for whatever use he/she deems appropriate (as long as it’s legal activity), then what is?

[kinoxi]

They’ll take from you for the common good Mr Mohanna but you get free health care if you denounce your citizenship and learn to speak spanish so it all evens out. Have a good day.

[CounterCounterCulture]

Related thread:
CA: Proposition 98 vs 99: Competing Initiatives regarding Property Rights

[RhoTheta]

Thank you so much for posting that thread. Reading through the list of who is backing each of them was illuminating. Prop 98 has a list of folks that I have been able to trust more of the time. Prop 99 has every predictable proponent of giant government bureaucracy.

Prop 98 will get my vote.