Proposition 90			00.00 10/05
	Summary
	Submitted as: "The Protect Our Homes Act."
	Type:  Amendment to the California Constitution
	Subject:  Protects private property against taking for other private use
	Submitter(s):  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:
	Proposition 90 does not prevent private property in California from being taken or damaged using eminent domain.  However, it does require that, if the property must be taken or damaged, it shall be done only for a "stated public use" and only if just compensation is paid to the owner.
	If the eminent domain process is used to take or damage the property then after the taking or damage the property must be under the control of the condemner, in one of 3 ways: 1) owned and occupied by the condemner; 2) loaned to another public agency by agreement with the condemner; or 3) leased to some other entity with whom the condemner is cooperating in order to perform a public project.  In all of these cases, the use to which it is put must be the use for which it was taken.
	If at any time the property taken or damaged through eminent domain is no longer used for the purpose for which it was taken, the original owner has first claim to buy the property, at its current market value.  If this purchase is made, then for property tax purposes the property is to be valued at its base price when the property was taken, not at its current market value.
	The meaning of the phrase "public use" is made significantly tighter than the broad term "public purpose".  The tightened meaning is expressly intended to prevent takings that would result in transfers to non-government owners, if the justification is economic development or enrichment of the tax base.  It also forbids any other uses that are not public in fact, even though these uses might have good consequences for the public.
	In an eminent domain proceeding, the term "public use" specifically excludes the direct or indirect transfer of any ownership interest from one private party to another private party.  The sole allowed exception is the case in which the transfer is done to support a private entity with whom the condemner is cooperating in order to perform a public project.  In all eminent domain actions, the burden is on the government to prove that the use is public.
	Unpublished eminent domain judicial opinions or orders are to be considered null and void. []
	In all eminent domain actions, a property owner must be given copies of all appraisals by the government.  The property owner may ask a superior court jury to determine whether the taking is actually for a public use.
	If the property is in fact being taken or damaged for a public use, then it must 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 must be valued at the use to which the government intends to put it, if such use results in a higher value for the land taken.
	In all eminent domain actions, "just compensation" means the money necessary to keep the property owner in the same position monetarily, without any governmental offsets, as if the property had never been taken.  This includes reimbursement for compounded interest and all reasonable costs and expenses actually incurred.
	In all eminent domain actions, "fair market value" shall be defined as the highest price the property would bring on the open market.
	"damage" to private property includes government actions that result in substantial economic loss to private property.  "Government action" means any statute, charter provision, ordinance, resolution, law, rule or regulation.  A sole exception allowed for is those cases where the action is taken to protect public health and safety,
	A property owner shall not be liable to pay for the government's attorney fees or costs in any eminent domain action.
	"government" as used here is 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.
	Nothing here is intended to prohibit the California Public Utilities Commission from regulating public utility rates.
	Nothing here is intended to restrict administrative powers to take or damage private property under a declared state of emergency.
	Nothing here prohibits 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.
	This section shall be self-executing, and can be amended only by a vote of the people per Article II or Article XVIII of the Constitution.
	This section, if passed, becomes effective on the day following the election and affects only eminent domain powers.  No other power of the government whereby it could inflict substantial loss on private property is affected.
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