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Home My WebLink About28-Public Comments . Municipal Officials for Redev~lopment Refornl (MO.RJI.) Invites You to the 10th Annual Southern California CO' '.B;;:I'L1t.,rCdl&cc'e'-o. 'D" " '....'~":I:. i" ". '" , Red I Ab. " , "', eve opment . .USie' ~ , *** April 22 (Sat.), 8:30-5:00 . *** Burbank Airport Hilton' 2500 HQ(lywpod Way, B~rb4IJ!k! caU 800-840-6450 for room reservaions *** _R~~~s.~rJltiQI1:~ $'~?__ _', ~,_ '_~__ _ tn~tuats'lWe~~&:.kunch Peaturea Spea~rs: u.s. Congresswoman Maxine Waters (D-L(JiSAngeles) Calif. State Senator T_t1M~Cli.~flk{R-1'h~usand Oaks) ...... .', ,;.r:.1i::. ~ .,...., P eaturea %pret; Ending :E,minent Domain Abuse in Califomia Restoring Public Moo:ey t ' . ~:,PUJW;ic ~'r"" ",-~,.)1'dii.~ ", "- ~. ~~:t""n;.: '-~:J'~"- - po ~~ - ~ .t.""'4.~"'" C4~ Ent~rP.d into Record at c",,,,ciIICmvOevCmS Mtg: ~~ n~ ..,- 12 ~ If lY re ",\;,,,oa Item /....J~u, r /~~j r~ City ClerklCnC Se~y City of San BernllrdlA8 ,....~.-t- . ....' ft/J;/O(p . . INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS The Attorney General of California has prepared the following title and summary of the chief purpose and points of the proposed measure: GOVERNMENT ACQUISITION OF PRIVATE PROPERTY. INITIATIVE CONSTITUTION AMENDMENT. Amends California Constitution to bar state and local governments from condemning or damaging private property for "economic development," defined as conveying or leasing the condemned property to a private person or entity for a commercial enterprise or to increase tax revenue, tax base, employment, housing density or general economic health. Exempts certain land uses. Provides that government condemnation of private property may not occur until government gives notice of the proposed public use for the property, a court affirms the proposed public use, and just compensation is deposited with the court. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local governments: Unknown, potentially significant, changes in governmental costs to acquire property for public purposes. NOTICE TO THE PUBLIC: THIS PETITION MAY BE CIRCULATED BY A P AID SIGNATURE GATHERER OR A VOLUNTEER. YOU HAVE THE RIGHT TO ASK. AU sieners of this petition must he reeistered to vote in County I e:.l Fill in County n I. Residence Print Your Name Address Only. Signature As Registered to Vote: City: Zip. 2. Residence Print Your Name Address Only: Signature As Registered to Vote: City. Zip: 3. Residence Print Your Name Address Only. Signature As Registered to Vote: City: Zip: 4. Residence Print Your Name Address Only: Signature As Registered to Vote: City. Zip. 5. Residence Print Your Name Address Only: Signature As s Registered to Vote: City: Zip. DECLARATION OF CIRCULATOR (To be completed after the above signatures have been obtained) I, , am registered to vote in the County (or City or County) of , oram Print Nome qualified to register to vote in California. My residence address is . addre.., city,state, zip I circulated this petition and witnessed each of the appended signatures being written. Each on this petition is, to the best of my information and belief, the genuine signature of the person whose name it purports to be. All signatures on this document were obtained between the dates of and . I declare under penalty of perjury under the laws of the mlmth,day.year month,day,ycar State of California that the foregoing is true and correct. Executed on , at , California. month,day, ~. placeof,ig.ning CIRCULATOR'S ~ I I COMPLETE SIGNATURE ame here ~2 Collect signatures from registered voters. Leave last column blank. For official use only. You may have up to five igners per petition. ~3 Fill in all shaded areas You must sign here or petition will not be valid ~4 RETURN PETITIONS TO: Limit Eminent Domain P.O. Box 4854 San Jose, CA 95150-4854 . . INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS The Attorney General of California has prepared the following title and summary of the chief purpose and points ofthe proposed measure: GOVERNMENT ACQUISITION OF PRIVATE PROPERTY. INITIATIVE CONSTITUTION AMENDMENT. Amends California Constitution to bar state and local governments from condemning or damaging private property for "economic development," defined as conveying or leasing the condemned property to a private person or entity for a commercial enterprise or to increase tax revenue, tax base, employment, housing density or general economic health. Exempts certain land uses. Provides that government condemnation of private property may not occur until government gives notice of the proposed public use for the property, a court affirms the proposed public use, and just compensation is deposited with the court. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local governments: Unknown, potentially significant, changes in governmental costs to acquire property for public purposes. To the Honorable Secretary of State of California We, the undersigned, registered, qualified voters of Cali fomi a, residents of County (or City and County) described on the signature page of this section of the petition, hereby propose an amendment to the Constitution of California, relating to the limitation of eminent domain and petition the Secretary of State to submit the same to the voters of California for their adoption or rejection at the next succeeding general election or at any special statewide election held prior to that general election or otherwise provided by law. The proposed constitutional amendment (full title and text of the measure) read as follows: SECTION 1. Title This measure shall be known, and may be cited as the, "California Eminent Domain Limitations Act." SECTION 2. Findings and Declarations The people of the State of California find and declare as follows: (a) Eminent domain has been subject to widespread abuse in California. (b) The United States Supreme Court, in Kelo v. City of New London, has held that the United States Constitution does not prevent the transfer of property, seized through eminent domain, to private entities for private profit. (c) Therefore, we the people of California need protection from eminent domain seizure of private property for private profit. SECTION 3. Purpose and Intent In enacting this measure, it is the intent of the people of the State of California to place limits on the use of eminent domain that define the distinction between private and public use of property in California. SECTION 4. Section 19 of Article I Declaration of Rights of the California Constitution is amended to read: SECTION 19. Private praJ;leFt} may be ta-keR or damaged fer poolie llse aRI) ..Ben Jest eOfllfJeRsatisn, aseeFtilined by ajul) l:iRless ..ai :eEl, Has first beeR paid tB, or inte €eUR fef, tHe B.rRer. THe Legislamre may flFeyiae fer J;l8ssessi8n tly tHe eenaemnsr fells'siBg eommensemeBt Elf ellliReRt asmain proeeeEliRgs l:l138R aeJ;lssit in eeurt ana PFsHlflt release te the (W:Rsr sf mene) aeterminea by the sem ts Be the I3Fesal31e 8mSl:lRt ef just eSHlfleHsatisR. Private nronertv mav not be taken or damalZed for oublic use. without iust comoensation. Seizure of private orooertY bv eminent domain will not take olace WItil a iury has ascertained iust comnensation and a court has affirmed an annronriate Dublic use. or these rilZhts are waived bv the owner of the oronerty. and iust comoensation has been deoosited with the court. Eminent domain Droceedinl!s will only commence after notice unon nroDertv owner and nublic notice of a stated nublic use for the DrODertv. The Dower of eminent domain shall not be used for economic develooment. The term' 'economic develonment" means takinlZ nrivate nrooertv. without the consent of the owner. and convevinlZ or leasinl! such oroDertY from one orivate nerson or entity to another Drivate nerson or entity for commercial enterorise. or to increase tax revenue. tax base. emnlovment. housinlZ density. or eeneral economic health. exceot that such term shall not include: (A) convevinl! nrivate nronertY to Dublic ownershiD. such as for a road. hosDital. or military base. or to an entity. such as a common carrier. that makes the nroDertv available for use bv the eeneral public as of rilZht. such as a railroad. or nublic facility. or for use as a rilZht ofwav. aaueduct. niDeline. or similar use: (B) leasinlZ nronertv to a novate person or entity that occuoies an incidental Dart of public proDertv or a Dublic facility. such as a retail establishment on the lrroWId floor of a nubhc buildinl!: (C) acauirine abandoned oronertv: (D) takioe Drivate nronerty for use bv a oublic utility: (E) dearinl! defective chains of title: and (F) removinl! harmful uses of a soecific Darcel of land nrovided such uses of that narcel constitute an immediate threat to nublic health and safelY.