Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

Schwarzenegger opposes eminent domain measure
Sacramento Bee ^ | April 25, 2008 | John Hill

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 ...


TOPICS: Government; US: California
KEYWORDS: calinitiatives; eminentdomain; prop98; propertyrights; schwarzenegger
Navigation: use the links below to view more comments.
first previous 1-2021-34 last
To: liege
Must be roid rage.

Hemmer.

21 posted on 04/25/2008 7:50:56 PM PDT by OeOeO (Sic Transit Gloria Mundi... Gloria get me a beer,and hurry..)
[ Post Reply | Private Reply | To 7 | View Replies]

To: Wuli
is it arnold’s point that PRIVATE developers of “water” and other “infrastructure” projects should not have to use their own resources to coax out the sellers of the land they need????

Yup. That's pretty much it.

22 posted on 04/25/2008 7:56:28 PM PDT by calcowgirl ("Liberalism is just Communism sold by the drink." P. J. O'Rourke)
[ Post Reply | Private Reply | To 16 | View Replies]

To: calcowgirl
Yeah. Let the government buy it for them. We can't have a country without the government being involved in everything. That's Austrosocialism, California-style.

"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

23 posted on 04/25/2008 7:59:20 PM PDT by goldstategop (In Memory Of A Dearly Beloved Friend Who Lives In My Heart Forever)
[ Post Reply | Private Reply | To 22 | View Replies]

To: South40
What I don't oppose is using the land for infrastructure that we all need and use.

The initiative does not prohibit ED for public projects.

From LAO:

Taking Property

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.

YES on Prop 98 -- NO on Prop 99.
24 posted on 04/25/2008 8:10:16 PM PDT by calcowgirl ("Liberalism is just Communism sold by the drink." P. J. O'Rourke)
[ Post Reply | Private Reply | To 17 | View Replies]

To: calcowgirl

Voting for arnold is the vote i regret most in my life. Hopefully McCain doesn’t trump it.


25 posted on 04/25/2008 8:29:53 PM PDT by Wayne07
[ Post Reply | Private Reply | To 1 | View Replies]

To: calcowgirl
The initiative does not prohibit ED for public projects.

I'm fairly certain I never said it did.

Sorry for the miscommunication.

26 posted on 04/25/2008 8:30:19 PM PDT by South40 (Amnesty is a slap in the face to the USBP!)
[ Post Reply | Private Reply | To 24 | View Replies]

To: calex59

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..


27 posted on 04/25/2008 8:39:43 PM PDT by Aut Pax Aut Bellum (Groundhogs-God's little gift for honing your skills...)
[ Post Reply | Private Reply | To 2 | View Replies]

To: calcowgirl
Sorry... I thought you would oppose the use of ED by private enterprises.

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. :-)

28 posted on 04/25/2008 9:04:43 PM PDT by calcowgirl ("Liberalism is just Communism sold by the drink." P. J. O'Rourke)
[ Post Reply | Private Reply | To 24 | View Replies]

To: calcowgirl

Good thing we have a Republican for governor!


29 posted on 04/25/2008 9:05:56 PM PDT by hedgetrimmer (I'm a billionaire! Thanks WTO and the "free trade" system!--Hu Jintao top 10 worst dictators)
[ Post Reply | Private Reply | To 1 | View Replies]

To: hedgetrimmer
Yep... tiny steps to conservatism, ya know. ;-)

I can't remember some of the more classic arguments for supporting the Austrian socialist.

30 posted on 04/25/2008 9:12:46 PM PDT by calcowgirl ("Liberalism is just Communism sold by the drink." P. J. O'Rourke)
[ Post Reply | Private Reply | To 29 | View Replies]

To: calcowgirl
Sorry... I thought you would oppose the use of ED by private enterprises.

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. :-)

31 posted on 04/25/2008 9:40:22 PM PDT by South40 (Amnesty is a slap in the face to the USBP!)
[ Post Reply | Private Reply | To 28 | View Replies]

To: calcowgirl

America, don’t look now, but this is what a John McCain Presidency will look like.


32 posted on 04/25/2008 10:39:09 PM PDT by SoConPubbie (GOP: If you reward bad behavior all you get is more bad behavior.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: calcowgirl

I might have to vote YES on 98. The ads on radio are terrible.


33 posted on 04/26/2008 8:33:34 AM PDT by newzjunkey (This space under renovation.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: calcowgirl; Grampa Dave; dalereed; tubebender; NormsRevenge; Carry_Okie; Anybody; Everybody
This is even more blatant than I would have expected. Two of the most conservative organizations supported him right from the start: The Howard Jarvis Taxpayers Association and The California Farm Bureau Federation!

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!!!

34 posted on 04/26/2008 11:23:49 PM PDT by SierraWasp (Out of the dung of adversity, spring the seeds of opportunity! America will always be exceptional!!!)
[ Post Reply | Private Reply | To 1 | View Replies]


Navigation: use the links below to view more comments.
first previous 1-2021-34 last

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson