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Deception Underlies State Eminent Domain Initiative
Those concerned about the misuse of eminent domain were encouraged by the circulation of a statewide initiative (Prop 90) to address the problem. Unfortunately, the initiative’s backers sought to capitalize on rising anti-eminent domain sentiment by inserting a sentence jeopardizing the future enactment of most land use laws, including amendments to San Francisco’s Rent Ordinance. This sentence---which allows property owners to sue government entities over any new law that reduces their property values---overwhelms the good part of the initiative. Prop 90’s specific language limiting eminent domain made this broad sentence unnecessary, raising questions about the motives behind November’s “Protect our Homes” initiative.
Those concerned about the misuse of eminent domain were encouraged by the circulation of a statewide initiative (Prop 90) to address the problem. Unfortunately, the initiative’s backers sought to capitalize on rising anti-eminent domain sentiment by inserting a sentence jeopardizing the future enactment of most land use laws, including amendments to San Francisco’s Rent Ordinance. This sentence---which allows property owners to sue government entities over any new law that reduces their property values---overwhelms the good part of the initiative. Prop 90’s specific language limiting eminent domain made this broad sentence unnecessary, raising questions about the motives behind November’s “Protect our Homes” initiative.
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