California Propositions 98 and 99 (2008)

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California Propositions 98 and 99 were competing ballot propositions in the U.S. state of California to limit the use of eminent domain and possibly rent control. They were voted on June 3, 2008; proposition 98 failed, while proposition 99 passed.

California ballot proposition statewide referendum item in California

In California, a ballot proposition can be a referendum or an initiative measure that is submitted to the electorate for a direct decision or direct vote. If passed, it can alter one or more of the articles of the Constitution of California, one or more of the 29 California Codes, or another law in the California Statutes by clarifying current or adding statute(s) or removing current statute(s).

U.S. state constituent political entity of the United States

In the United States, a state is a constituent political entity, of which there are currently 50. Bound together in a political union, each state holds governmental jurisdiction over a separate and defined geographic territory and shares its sovereignty with the federal government. Due to this shared sovereignty, Americans are citizens both of the federal republic and of the state in which they reside. State citizenship and residency are flexible, and no government approval is required to move between states, except for persons restricted by certain types of court orders. Four states use the term commonwealth rather than state in their full official names.

Eminent domain the power of a state or a national government to take private property for public use

Eminent domain, land acquisition, compulsory purchase, resumption, resumption/compulsory acquisition (Australia), or expropriation is the power of a state, provincial, or national government to take private property for public use. However, this power can be legislatively delegated by the state to municipalities, government subdivisions, or even to private persons or corporations, when they are authorized by the legislature to exercise the functions of public character.

Contents

The measures

The propositions were partly a reaction to the 2005 U.S. Supreme Court ruling in Kelo v. City of New London , which held that the power of eminent domain can sometimes be used to transfer property from one private owner to another. They addressed the issue differently, and also included other measures. [1]

Kelo v. City of New London, 545 U.S. 469 (2005), was a case decided by the Supreme Court of the United States involving the use of eminent domain to transfer land from one private owner to another private owner to further economic development. In a 5–4 decision, the Court held that the general benefits a community enjoyed from economic growth qualified private redevelopment plans as a permissible "public use" under the Takings Clause of the Fifth Amendment.

Proposition 98 would have prohibited "state and local governments from condemning or damaging private property for private uses", changed litigation rules to be more friendly to property owners, and required the government to allow the original owner to repurchase the property at the original price if it ended up being put to a different use than originally stated. In addition, the proposition would have prohibited rent control and similar measures. [2]

Proposition 99 more narrowly prohibited "state and local governments from using eminent domain to acquire an owner-occupied residence [if the owner has occupied the residence for at least one year], as defined, for conveyance to a private person or business entity", subject to some exceptions. It did not prohibit rent control nor the use of eminent domain for properties other than residences occupied by the owner for over a year. [3] The nonpartisan California Legislative Analyst's Office (which prepares analyses for the official state voter guide) concluded, "Proposition 99 would not significantly change current government land acquisition practices." [4]

California Legislative Analysts Office

The Legislative Analyst's Office (LAO), located in Sacramento, California, is a nonpartisan government agency that has provided fiscal and policy advice to the California Legislature since 1941. The office is known for analyzing the state budget with the aim of making government programs more effective and less costly.

If both propositions had passed, but Proposition 99 received more votes, only it, and not Proposition 98, would become law. [1] However, this ended up not to matter as only Proposition 99 passed.

Support and opposition

Proposition 98 was co-sponsored by the Howard Jarvis Taxpayers Association, and was also supported by landlord groups. It was opposed by tenant groups and associations of cities and redevelopment agencies, who preferred Proposition 99. By April 2008, supporters of Proposition 98 had raised $3.5 million, and opponents $6.4 million, to conduct their campaigns. [1]

The Howard Jarvis Taxpayers Association is a California nonprofit lobbying and policy organization that advocates against taxation.

Landlord Owner of a rented building, land or real estate

A landlord is the owner of a house, apartment, condominium, land or real estate which is rented or leased to an individual or business, who is called a tenant. When a juristic person is in this position, the term landlord is used. Other terms include lessor and owner. The term landlady may be used for women owners, and lessor may be used regardless of gender identity. The manager of a UK pub, strictly speaking a licensed victualler, is referred to as the landlord.

Results

California map 98.png
California map 99.png
Proposition 98 [5]
Choice Votes %
X mark.svg No2,677,45661.51
Yes 1,675,213 38.49
Valid votes 4,352,669 95.66
Invalid or blank votes 197,558 4.34
Total votes4,550,227100.00
Proposition 99 [5]
Choice Votes %
Yes check.svg Yes2,678,10661.96
No 1,644,509 38.04
Valid votes 4,322,615 95.00
Invalid or blank votes 227,612 5.00
Total votes4,550,227100.00

See also

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References

  1. 1 2 3 "California voters face dueling measures on home seizure by eminent domain". Los Angeles Times . April 20, 2008.
  2. ↑ "Voter Information Guide: Quick Reference Guide - Proposition 98". California Secretary of State. 2008-03-10.
  3. ↑ "Voter Information Guide: Quick Reference Guide - Proposition 99". California Secretary of State. 2008-03-10.
  4. ↑ California Legislative Analyst's Office (April 24, 2008). "Overview of Propositions 98 and 99" (PDF): 6.
  5. 1 2 "Statement of Vote: June 3, 2008, Statewide Direct Primary Election" (PDF). California Secretary of State. 2008-07-16. Archived from the original (PDF) on 2008-07-17. Retrieved 2008-07-16.
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