Posted on 04/25/2008 6:06:10 PM PDT by calcowgirl
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 out rent control. It bans taking property for its natural resources.
Opponents argue that the measure might also restrict governments' ability to pass environmental or land use laws - an assertion that backers strongly deny.
Opponents and some experts also say the provision barring taking land for the natural resources could prevent the building of water projects.
The California Farm Bureau Federation, one of the sponsors of the initiative, obtained a legal opinion saying that water storage projects could still be done under Proposition 98.
(Excerpt) Read more at sacbee.com ...
Hemmer.
Yup. That's pretty much it.
"Show me just what Mohammed brought that was new, and there you will find things only evil and inhuman, such as his command to spread by the sword the faith he preached." - Manuel II Palelologus
The initiative does not prohibit ED for public projects.
From LAO:
Taking PropertyYES on Prop 98 -- NO on Prop 99.The measure prohibits government from taking ownership of property to transfer it to a private party—such as a person, business, or nonprofit organization. In addition, government could not take property to use it for (1) a purpose substantially similar to how the private owner used it (such as public operation of a water or electricity delivery system formerly owned by a private company) or (2) the purpose of consuming its natural resources (such as its oil or minerals). These restrictions on government’s authority to take property also would apply to cases when government transfers the right to use or occupy property (but does not take ownership of it). None of these restrictions would apply, however, if government was addressing a public nuisance or criminal activity or as part of a state of emergency declared by the Governor.
Under the measure, government could continue to take property for facilities that it would own and use, such as new schools, roads, parks, and public facilities. Government could not take property for one purpose, however, and then use it for a different purpose unless it offered to sell the property back to its previous owner.
Voting for arnold is the vote i regret most in my life. Hopefully McCain doesn’t trump it.
I'm fairly certain I never said it did.
Sorry for the miscommunication.
Well, Arnold is from Austria, and we all saw how some of their folk in the past liked to grab land, like Poland, France,etc..
If I want to build a windmill to offer electricity to your neighborhood, I should be able to have the same power of eminent domain as the government in taking your home? It does offer the perfect spot for my windmill project. :-)
Good thing we have a Republican for governor!
I can't remember some of the more classic arguments for supporting the Austrian socialist.
If I want to build a windmill to offer electricity to your neighborhood, I should be able to have the same power of eminent domain as the government in taking your home? It does offer the perfect spot for my windmill project. :-)
Was this post intended for me?
I am opposed to the taking of private property for private enterprise.
I am opposed to the taking for public use but I understand that is necessary.
And if you want to build a windmill build it in Ted Kennedy's yard, I'm sure he wouldn't mind. :-)
America, don’t look now, but this is what a John McCain Presidency will look like.
I might have to vote YES on 98. The ads on radio are terrible.
He's done nothing but crap on their collective heads with the Sierra-Nevada CONservancy and now even THIS!!! What have the good, solid people of CA done to deserve this treatment from this political hermaphrodite??? He's worse than Earl Warren and Hiram Johnson put together!!!
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