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.