Proposition 90			00.00 10/05
	Full Extract
	Submitted as: "The Protect Our Homes Act."
	Type:  Amendment to the California Constitution
	Subject:  Protects private property against taking for other private use
	Submitter:  Anita S. Anderson
	Supporting Organization:
		Name:	California Protect our Homes Coalition 2443 Fair Oaks Blvd., Suite 191 Sacramento, CA 95825
		Email: info at 90yes.com
		Web Site: www.90yes.com/
		Phone: (916) 924-7501
	Opposing Organization:
		Name:	No on 90, Californians Against the Taxpayer Trap 1121 L Street #803 Sacramento, CA 95814
		Email: info@noprop90.com
		Web Site: www.NoProp90.com
		Phone:
	Section 1 Statement of Findings
	Describes the problem.
	Section 2 Statement of Purpose.
	Describes how this Initiative will fix it, and titles the initiative.
	Section 3
	Amends Section 19 of Article I of the California Constitution, to say:
	Sec. 19 (a) (1) Private property may be taken or damaged only for a stated public use and only when just compensation, determined by a jury unless waived, has first been paid to the owner.  Private property may not be taken or damaged for private use. [The italicized words are added]
	Sec. 19 (a) (2) [new] Following being taken by eminent domain, property must either i) be owned and occupied by the condemner, or ii) another governmental agency, by agreement with the condemner, using the property for the stated public use, or iii) may be leased to entities regulated by the Public Utilities Commission or by any other entity that the government cooperates with to perform a public use project.  Property taken by eminent domain shall be used only for the stated public use for which it was taken.
	Sec. 19 (a) (3)  [new] If property taken through eminent domain ceases to be used for the stated public use for which it was taken, the former owner of the property or a successor owner shall have the right to buy back the property, at its current fair market value.   If the purchase is done, then for property tax purposes the property shall be appraised by the assessor at its base year value at the time the property was acquired by the condemner.
	Sec. 19 (a) (4)  Unchanged, except to renumber. [The Legislature may make laws allowing the condemner to take possession of the property, provided that proper eminent domain proceedings have been followed, and the owner has been paid just compensation.]
	Sec. 19 (b) [new] For purpose of applying this section:
	Sec. 19  (b) (1) The term "Public use" shall have a distinct and more narrow meaning than the term "public purpose".  This narrow meaning prohibits takings that would result in transfers to non-governmental owners on either economic development or tax revenue enhancement grounds, or for any other actual uses that are not public in fact, even though these uses may serve otherwise legitimate public purposes.
	Sec. 19  (b) (2) "Public use", in property taken in an eminent domain proceeding, specifically does not include the direct or indirect transfer of any ownership from one private party to another private party.  An exception is if the transfer is done to support a government assignment, contract or arrangement with a private entity whereby the private entity performs a public use project.  In all eminent domain actions, it will be the government's burden to prove that the use is public.
	Sec. 19  (b) (3) Unpublished eminent domain judicial opinions or orders shall be null and void.
	Sec. 19  (b) (4) In all eminent domain actions, prior to the government's occupancy, a property owner shall be given copies of all appraisals by the government.  If he so requests, the property owner shall be entitled to a separate and distinct determination by a superior court jury as to whether the taking is actually for a public use..
	Sec. 19  (b) (5) If a public use is determined, the taken or damaged property shall be valued at its highest and best use without considering any future dedication requirements imposed by the government.  If private property is taken for any proprietary governmental purpose, then the property shall be valued at the use to which the government intends to put the property, if such use results in a higher value for the land taken.
	Sec. 19  (b) (6) In all eminent domain actions, just compensation shall be defined as that sum of money necessary to place the property owner in the same position monetarily, without any governmental offsets, as if the property had never been taken.  Just compensation shall include compounded interest and all reasonable costs and expenses actually incurred.
	Sec. 19  (b) (7) In all eminent domain actions, fair market value shall be defined as the highest price the property would bring on the open market.
	Sec. 19  (b) (8) Except when taken to protect public health and safety, "damage" to private property includes government actions that result in substantial economic loss to private property.  "Government action" shall mean any statute, charter provision, ordinance, resolution, law, rule or regulation.
	Sec. 19  (b) (9) A property owner shall not be liable to the government for attorney fees or costs in any eminent domain action.
	Sec. 19  (b) (10) For all provisions contained in this section, government shall be defined as the State of California, its political subdivisions, agencies, any public or private agent acting on their behalf, and any public or private entity that has the power of eminent domain.
	Sec. 19  (c) Nothing in this section shall prohibit the California Public Utilities Commission from regulating public utility rates.
	Sec. 19  (d) Nothing in this section shall restrict administrative powers to take or damage private property under a declared state of emergency.
	Sec. 19  (e) Nothing in this section shall prohibit the use of condemnation powers to abate nuisances such as blight, obscenity, pornography, hazardous substances or environmental conditions provided those condemnations are limited to abatement of specific conditions on specific parcels.
	Section 4 Implementation and Amendment
	This section shall be self-executing.  The Legislature may adopt laws to further the purposes of this section and aid in its implementation.  No amendment to this section may be made except by a vote of the people per Article II or Article XVIII.
	Section 5 Severability
	The provisions of this measure are severable.  If any provision of this section or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.
	Section 6 Effective Date
	This section shall become effective on the day following the election.
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