Subject: Two important competing propositions on June 3 ballot
Dear Republican friends, Sample ballots are here for the June 3rd ballot. Some of us will be voting soon by absentee. If you have been undecided re competing Propositions 98 and 99 (wording below), remember that the major difference is that 98 is being strongly promoted by the Prop 13 people, it is stronger and eliminates rent control, but may be more likely to be challenged in the courts.
If 99 receives more votes, 98 will not go into effect. So if you want 98, it seems it would be better to vote No on 99, and let the chips fall where they may as to court challenges.
Proposition 98
1248. Government Acquisition, Regulation of Private Property.
Constitutional Amendment.
Proponents: Doug Mosebar, Jon Coupal and Jim Nielsen (916) 444-9950
Bars state and local governments from condemning or damaging private property for private uses. Prohibits rent control and similar measures. Prohibits deference to government in property rights cases.
Defines "just compensation." Requires an award of attorneys fees and costs if a property owner obtains a judgment for more than the amount offered by the government. Requires government to offer to original owner of condemned property the right to repurchase property at condemned price when property is put to substantially different use than was publicly stated. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local government: Increased costs to many governments due to the measure's restrictions. The fiscal effect on most governments probably would not be significant. (Initiative 07-0015.) (Full Text)
Proposition 99
1251. Eminent Domain. Acquisition of Owner-Occupied Residence.
Constitutional Amendment.
Proponents: Christopher K. McKenzie, Susan Smartt and Kenneth Willis c/o Steve Lucas (415) 389-6800
Bars state and local governments from using eminent domain to acquire an owner-occupied residence, as defined, for conveyance to a private person or business entity. Creates exceptions for public work or improvement, public health and safety protection, and crime prevention. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local government: The measure would likely not have a significant fiscal impact on state or local governments. (Initiative 07-0018.) (Full Text)
