Free Republic

What accounts for the respect given to the education funding guarantee? For one thing, Proposition 98, despite all its problems, has served the useful purpose of enshrining the most important public policy issue -- education -- as the state government's top priority. Second, there's widespread fear on the part of state politicians of challenging the teachers union and the rest of the education lobby. But there's still another story behind the silence: The multiple formulas of Proposition 98 are so complex that they're difficult to understand, even more difficult to explain -- and, for those who want to know how...

Proponents of Prop. 98 Respond to Election Outcome Vow to Work on Legislative Solution to End Eminent Domain Abuse Sacramento, CA - Jon Coupal, president of the Howard Jarvis Taxpayers Association, issued the following statement on the outcome of the Election. "Since the U.S. Supreme Court's Kelo v. New London decision in 2005 more than 40 states have passed reforms that would prohibit government from profiting by seizing private property and giving it to politically connected developers. Prop. 98 was the only measure on the ballot that addressed the Kelo decision by providing comprehensive protections to all private property and...

As California voters go to the polls today in a low-turnout primary, those who bother to show up aren't likely to be happy. With a teetering economy and an unpopular war, only 17 percent of voters in a new state Field Poll believe the country is headed in the right direction, the most dour view in 16 years. With state government facing burgeoning debts and lawmakers debating sweeping cuts or tax hikes, only 23 percent believe California is on the right track, the worst rating in five years. "It is hard to feel kindly about elected representatives and politicians in...

Sleight-of-hand relies heavily on misdirection and distraction. The Proposition 99 campaign tries the same trick on voters, attempting to get Californians to look only where it wants, while ignoring the most important issues in eminent domain reform. Proposition 99 was crafted because Proposition 98 had qualified for the ballot with a good chance of winning, backed by many documented abuses of emotionally appealing “little guys” steamrollered by the politically powerful—i.e., to defend the beneficiaries of eminent domain abuse against real reform. 99 does nothing to restrict eminent domain to justifiable public uses. It “protects” only owner-occupied primary residences, while undermining...

The June ballot is bringing rent control back into the spotlight. Proposition 98 would protect all Californians from abuses of eminent domain and phase out rent control. Proposition 99 is a decoy measure which would override Proposition 98 if it attracted more votes, written by beneficiaries of eminent domain abuse, that the Legislative Analyst concluded involved so little reform that it “is not likely to significantly alter current land acquisition practices.” Proposition 99 offers precious little protection. It wouldn’t protect farmland, churches, businesses or rental properties from eminent domain abuse. It wouldn’t restrict the almost unlimited purposes for which eminent...

Protecting Californians from eminent domain abuses headlines our June ballot. There are two Propositions--98 and 99--that address the issue. However, both are portrayed as real reform by backers and as misleading scams by opponents, making it hard for voters to sort through the assertions. Given both propositions’ backers claim they intend to rein in government eminent domain abuses at the expense of property owners, the best approach is to ask which “reforms” would be most effective at restricting them. If the intent is to limit abuses, would we want to protect owners of all property—homes, farms, churches, businesses and rental...

In the battle over two state propositions on Tuesday's ballot that would restrict government seizure of private property, nearly a majority of California voters support the more limited Proposition 99 while giving thumbs down to Proposition 98, which would abolish rent control, according to a Field Poll released today. A survey of 660 likely voters conducted May 17-26 found 48 percent favoring Prop. 99, with 30 percent opposed and 22 percent undecided, according to the poll results. Those supporting Prop. 98 stood at 33 percent, with 43 percent opposed and 24 percent undecided. Field Poll Director Mark DiCamillo said he'd...

Both would load up the state constitution to attack a problem that just doesn't exist - It's back. Yet another initiative – Proposition 98 – is on the ballot masquerading as "eminent domain" reform and trying to scare people with the prospect that their homes might be "taken" by the government.Yet Proposition 98 is really about a sweeping agenda to lard up the California Constitution to end forever the ability of local governments to enact rent control or affordable housing ordinances, to set rules that set liquor store hours or to require developers to pay fees to build schools.In Sacramento,...

In 2005, the U.S. Supreme Court upheld a Connecticut city's right to seize through eminent domain the waterfront homes of long-time residents for private development. The court held that, like the construction of schools and roads, economic development itself constitutes a "public use" under the Fifth Amendment. Both liberals and conservatives were outraged. As dissenting Justice Sandra Day O'Connor wrote, "The specter of condemnation hangs over all property. Nothing is to prevent the state from replacing any Motel 6 with a Ritz-Carlton, any home with a shopping mall, or any farm with a factory." Some 40 states responded by passing...

The U.S. Supreme Court created a huge political backlash when it ruled that local governments could use eminent domain to seize private property and transfer it to other private owners for "economic development." Since the Kelo ruling in 2005, 42 states have enacted limitations on eminent domain — not always effective ones. But like lawmakers in many other states, some California officials are trying to block real eminent domain reform. On June 3, Californians will vote on Proposition 99, a ballot initiative sponsored by groups representing cities, counties, redevelopment agencies and other pro-condemnation interests. It purports to protect property rights...

Both sides allege tainted funds in duel over Propositions 98, 99. In the June 3 ballot showdown over governments' power to take private property, both sides agree on one thing: Their opponents rely on tainted money that reveals their true motives.One side gets much of its money from landlords and mobile home park owners that stand to benefit from Proposition 98's ban on rent control.The other side opposes Proposition 98 and supports a far less restrictive initiative, Proposition 99. Much of its campaign money comes from local government groups that resist major curbs on their use of eminent domain. Both...

Thirty years ago, when Howard Jarvis drove Proposition 13 to a lopsided victory at the California polls, the old curmudgeon expended a fair amount of invective trying to prove that he was a real populist and not just a running dog for the Los Angeles Apartment Owners Association. He was in fact employed by the apartment owners and his campaign was based there. But his argument was borne out by the fact that his shrewd direct mail campaign generated many thousands of small contributions from elderly homeowners fearful that they'd lose those homes to escalating property taxes. Many became members...

SACRAMENTO, (AP) -- Barbara Gonzel has lived in a two-bedroom duplex in northwest Los Angeles for 13 years, protected from the region's soaring housing costs by the city's rent-control ordinance. That could change, and Gonzel could find herself paying hundreds of dollars more in monthly rent, if voters approve one of two property rights initiatives on the June 3 primary election ballot. One of the measures, Proposition 98, is supported by landlords and business owners and contains a provision that would phase out local rent-control ordinances for apartments, duplexes and mobile home parks. It also would eliminate tenant-protection rules that...

Hundreds are expected to descend on San Francisco's Civic Center Plaza today to protest a June ballot measure that would end rent control across the state and, many argue, would push thousands of people from their homes through evictions or rising prices. But the measure's backers say rent control is a failure and that approval by voters ultimately would mean more apartments and lower rents. Proposition 98 was written as a restriction on eminent domain that would prohibit the government from taking property for the benefit of a private party. Opponents say it would do far more: define "private" and...

Big Government types and Prop 99 All you really need to know about the two eminent domain propositions on the June 3 ballot, 98 and 99, is that Proposition 99 is being touted by politicians and other government types as the real solution to government intrusion on private property ownership. Among them are the usual suspects, including California Sen. Dianne Feinstein and California Gov. Arnold Schwarzenegger, both of whom believe in Big Government, and both of whom describe Proposition 98 as a hindrance to solving such state problems as water quality and supply. Feinstein, in a release at the end...

The View - Yes on Prop. 98/No on Prop. 99 - The Battle to Restore Private Property Rights Since California has failed to join more than 40 states in reforming its eminent domain statutes, a diverse group of business, farm and taxpayer organizations have taken a leading role in restoring private property protections for California business property by qualifying Proposition 98, the California Property Owners and Farmland Protection Act, for the June 2008 ballot. It is well documented that business owners are the most common victims of eminent domain abuse because of local governments' appetite for sales tax revenue to...

Gov. Arnold Schwarzenegger announced Friday that he will oppose an initiative on the June 3 ballot to restrict governments' ability to use eminent domain to seize property. Schwarzenegger said he was opposing Proposition 98 in part because it might block the building of water projects crucial to farmers and residential users. "Eminent domain is an issue worth addressing," Schwarzenegger said in a prepared statement. "However Proposition 98 would undermine California's ability to improve our infrastructure, including our water delivery and storage." ... Proposition 98 bans the use of eminent domain to transfer property to a private party, and would phase...

Editorial: Prop. 98 protects private property rights June election is coming: Vote yes on Prop. 98, for real eminent-domain reform, and no on Prop. 99, which is designed to stop such reform. The campaigns for Propositions 98 and 99 on the June 3 ballot are getting heated, and it would be no surprise if most California voters are confused by the two eminent domain-related measures. As often occurs in political campaigns, one side or the other misrepresents the purpose of its initiative. For instance, Prop. 99's supporters claim that the measure will stop eminent domain abuses that have become well...

A serene landscape of oaks, grassy swales and lazy creeks in Citrus Heights provides an unlikely backdrop for a nasty statewide battle over one of the last bastions of affordable housing.Two years ago, many of the residents of Lakeview Village Mobile Home Park fought for a local ordinance that would cap rents in the 500-home Citrus Heights park as new owners imposed a steep increase.They lost. Now a statewide initiative on the June ballot would make it impossible for Citrus Heights, or any other jurisdiction in California, to impose rent controls on apartments or mobile home parks. The stated purpose...

One consequence of the state's first February presidential primary election – unintended, perhaps, but a consequence nevertheless – will almost certainly be an extraordinarily low voter turnout for the June 3 regular primary. Primary elections generally see subpar turnouts, in part because independents have almost no motivation to vote. But June's election will be especially devoid of motivation – no presidential contest or any other statewide candidate duel, only a handful of meaningful legislative or congressional primaries and just two statewide ballot measures, both of which deal with the very arcane issue of property seizures by local governments. We'll have...

Inevitably, every debate about California's deficit-riddled budget morphs into a fight over how much money we should be spending on public schools and how that money should be spent. It's happening again as the Capitol's political figures wrestle with a deficit that's worse than usual and as Gov. Arnold Schwarzenegger proposes – semiseriously – a $4.8 billion whack in state aid to schools. This month, as required by law, local schools are sending tentative layoff notices to thousands of teachers who would lose their jobs under the governor's proposals. Democratic legislative leaders are insisting that they will absolutely refuse to...

While most developers were eyeing property in suburbia in the 1980s, Moe Mohanna was staking his claim on some rundown buildings a few blocks from the state Capitol. The Sacramento landlord began fixing up nine storefronts along K Street in an area frequented by vagrants. His properties are at the heart of the city's plans to revitalize its business district. After years of failed negotiations to rehabilitate, exchange or buy Mohanna's buildings—which the city says violate health and safety codes—Sacramento's redevelopment agency recently moved to condemn and seize his property. "We've done all of these things, and they are chasing...

Propositions that are on the June 3, 2008 Statewide Direct Primary Election Ballot Initiative Constitutional AmendmentProposition 98 1248. Government Acquisition, Regulation of Private Property. Constitutional Amendment. Proponents: Doug Mosebar, Jon Coupal and Jim Nielsen 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...

SACRAMENTO -- California schools could face painful mid-year spending cuts of a $1 billion or more as a weakening economy lowers tax revenue forecasts, reducing the Proposition 98 school-funding guarantee. Non-partisan Legislative Analyst Liz Hill said last month that school funding in the current year was about $400 million above the Proposition 98 guarantee. She suggested that lawmakers look at cutting the "over-appropriation" as one way to begin closing a huge budget shortfall now reportedly estimated by Gov. Arnold Schwarzenegger to be about $14 billion over the next 18 months. Hill's estimate was made when the shortfall was believed to...

Gov. Arnold Schwarzenegger vowed Wednesday to pursue some of the "good ideas" rejected by voters in last year's special election but promised that he will not revive controversial efforts to control union dues or change the state's voter-approved education funding formula. In a wide-ranging interview with The Chronicle's editorial board Wednesday, Schwarzenegger also said he did not regret stumping for President Bush in 2004, and he denied assertions that he has been inconsistent as governor and veered from a conservative agenda in 2005 to a Democratic one this year. When asked how he would describe himself, he said he was...

Although Schwarzenegger often oversold even his modest achievements as historic reforms, in private he talked about his frustration with the slow pace of change in the state, and about how the political reality stymied major progress. He wanted to invest billions in repairing California's infrastructure, but the budget, though far healthier than when he took office, was still unbalanced. As the governor tried to make political history, his own political history boxed him in. He knew it would be a struggle to reconcile his campaign promises to reduce the state budget deficit, avoid a tax increase and protect popular public...

Gov. Arnold Schwarzenegger on Wednesday announced a plan to repay billions of dollars to schools that educators say he has owed them since he backed out of a budget deal he made shortly after taking office in 2003. The deal, reached as the governor finalized the annual May revisions to his proposed 2006-07 budget, calls for the state to repay $2.9 billion over seven years. Another $2.8 billion from an unexpected tax windfall this spring will also go to education. The agreement is expected to settle a lawsuit brought by education groups and it may also quiet one of Schwarzenegger's...

Governor Arnold Schwarzenegger may have thought he was extending the olive branch when he called for immediate repayment of $1.67 billion in Proposition 98 education funding and showered an additional $4 billion increase on K-12 education in his 2006-2007 budget. But the governor should know by now that no amount of spending is ever enough for those who believe money can solve every problem in education. Take the California Teachers Association (CTA), for example. The governor has proposed the largest funding increase in the state history, bringing per-pupil spending to nearly $11,000. K-12 spending by the state is now $49...

SACRAMENTO -- The state's powerful education lobby has met privately with top aides to Gov. Arnold Schwarzenegger and sought to make two points clear: it came out on top in the Nov. 8 special election and it wants the administration to make good on a $5.5 billion bill to schools next year. The Wednesday meeting, which lasted an hour, could prove a significant step in repairing the damaged relationship between the governor and educators. It also could hasten a resolution on education funding, a perennial sticking point in budget negotiations because it accounts for the greatest chunk of the state's...

In fall 1988, an epic political battle was in full swing in California. It pitted teachers unions against a Republican governor in a vitriolic fight over a ballot initiative to commit a portion of state tax dollars to K-14 education. Proponents pointed to overcrowded classrooms, dwindling course offerings and a lack of school counselors. Foes warned that the law would hamstring legislators and lead to inevitable tax increases. That November, by the narrowest of margins, Proposition 98 passed. Over the next 16 years, the law by which voters dictated the minimum portion of state tax revenue that must be spent...

From time to time the Register seems to enjoy marching out editorials and opinion columns trashing public schools. In this chorus of critiques are periodical columns by talking heads such as Lloyd Billingsley, Alan Bonsteel and Lance Izumi. Recently, ex-teacher Kathleen Miller ["Here's a word for governor: Brave," The Orange Grove, Jan. 7], echoing the governor of this state, tried to blame teachers for the problem of underachieving students. Gov. Schwarzenegger's clever slogan, "This is a battle between the special interests and the children's interests," does nothing to solve California's budget mess. When the governor lumps all teachers together as...

SACRAMENTO (AP) - Facing a $2 billion hit next year in Gov. Arnold Schwarzenegger's budget, a coalition of the state's largest education groups plans to meet Tuesday to consider a strategy for challenging the popular governor and his much disliked spending plan. Once considered a major ally of schools, Schwarzenegger has emerged in recent weeks as perhaps its biggest enemy. The governor not only wants to shift money from schools to fill other gaps next year but has also proposed a constitutional spending cap that could hurt schools in the future. Educators said they are preparing for political war. "We're...

Gov. Schwarzenegger is right: California will never be able to budget rationally as long as Prop. 98 remains the way it is. His proposed changes to the 1988 initiative, which requires generous annual funding for public schools, may not be workable. But he's on solid ground in making the suggestion - and sparking a debate over ways to adjust the measure. The governor has criticized "auto-pilot" spending that keeps increasing even when state revenues slump, and Prop. 98 is the 800-horsepower engine of cruise-control budgeting. Make no mistake, public education should be a top priority for California. The state for...

SACRAMENTO (AP) - A sweeping constitutional amendment proposed by Gov. Arnold Schwarzenegger would essentially tear up another of the state's big credit cards, limiting future Legislatures' ability to borrow from special accounts to pay general government expenses, the governor's finance director said Thursday. Aimed primarily at two funds that have been raided repeatedly - schools and transportation - as well as other special funds, the proposal is the centerpiece of a reform package Schwarzenegger will send the Legislature during a special session that began Thursday. If approved by lawmakers and the voters, the administration said those reforms will help fix...

<p>Gov. Schwarzenegger, using a Sacramento middle school as his backdrop, today officially unveiled his proposal – supported by the education lobby – to give schools $2 billion less in the next fiscal year than they would have been entitled to by a strict reading of Proposition 98. The schools will still get more next year per pupil than they got this year, enough to cover enrollment growth and cost-of-living increases. And the $2 billion they will forgo remains part of the base upon which their future budgets are determined. But Schwarzenegger saves that money this year and can use it for other programs. The deal has two advantages for Schwarzenegger. The first is mathematical: it gives him $2 billion he can use to help close the budget gap. The other is political. By taking education funding off the table, he makes it much tougher for Democrats in the Legislature to argue for a tax increase. They cannot say they need the money for schools, the most popular program provided by state government. Instead, they’ll have to argue for higher taxes to fund health and welfare programs for the poor. Fair or not, that’s simply a tougher sell with the voters.</p>

<p>Gov. Arnold Schwarzenegger sent a jolt through the state's education community Tuesday by suggesting he might propose suspending the constitutional guarantee of minimum school spending to cope with the fiscal crisis.</p> <p>In an interview on CNN's "Inside Politics," Schwarzenegger said he was negotiating with school groups "to help us with this budget crisis ... to maybe have a suspension or to have some relief there so we can pull out of these next two years and pay it back, maybe."</p>

<p>SACRAMENTO (AP) - In what may prove a dramatic reversal of a key campaign promise, Gov. Arnold Schwarzenegger suggested Tuesday that he might push for a suspension of Proposition 98, the landmark school funding guarantee.</p> <p>"We're working with, you know, the education community to see how we can work together, for them to help with us this budget crisis," Schwarzenegger told Judy Woodruff of CNN during an interview that aired Tuesday.</p>