California ballot measure to curb eminent domain trails in poll

San Francisco (Platts)--2Nov2006

A measure on California's November 7 ballot that would restrict the use
of eminent domain by public utilities and government entities in the state is
unlikely to win the support of the electorate, according to a public opinion
poll released Thursday.

Under the measure, Proposition 90, property owners would be paid for the
highest and best use of property instead of the current fair market value,
which would mean landowners or property owners could be paid more than the
fair market value of the site.

State regulators have expressed alarm that the the measure would
complicate the already difficult process of siting electric transmission
facilities.

California Public Utilities Commission member Dian Grueneich said that,
if enacted, the measure could increase litigation, causing delays for critical
transmission projects.

But supporters say the proposition is needed to protect citizens from
government acquisitions of private property and unfair loss of property value
resulting from unfair government decisions.

The measure trailed in the survey 42% to 35%, among likely voters,
although a relatively large proportion, 23%, were undecided. In July, the
measure was favored by a 46% to 31% margin, according to the pollster, The
Field Poll.

Private property could be taken only when just compensation, determined
by a jury unless waived, has been paid to property owners. Property owners
would not need to pay legal fees for the litigation, according to analysis by
the PUC's legal division.

The proposition is a reaction to a controversial 2005 Supreme Court
decision upholding a town in Connecticut's right to seize land for economic
development by private developers.

--Lisa Weinzimer, lisa_weinzimer@platts.com


 

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