iSOARS Web Design
Click for Gilroy, California Forecast
Holiday Inn Express - Morgan Hill, CA
Jul. 25, 2008
   News Poll
 
Were you surprised to learn that 26.7 percent of high school students in Gilroy dropped out?
Yes
No
View Results
   Top Opinion
 
   Opinion
 

 30 great glorious Garlic Festival years … and here's to 30 more
Jul 24, 2008
 
 Letters: Houses at old Las Animas School site – a very bad idea GUSD!
Jul 24, 2008
 
  More Opinion...

OPINION > LISA PAMPUCH


Eminent domain threat is real: Vote yes on 98, no on 99
May 6, 2008
 By Lisa Pampuch

In less than one month, Californians will cast ballots in the state's second primary election of 2008. In an attempt to "matter more" in the presidential primary races, California moved its presidential primary election to February but kept other primary elections in June.

The irony, of course, is that if officials had left the presidential primary in June, not only would Californians' votes matter a lot more in this year's historic Democratic presidential primary race, but we'd have saved a lot of money.

In state Assembly District 27, which includes Morgan Hill, San Martin and parts of northwest Gilroy, the June primary features four Democrats vying to be the party's nominee to replace John Laird, who's been termed out of office.

But I'm most interested in the two state propositions on the ballot, Propositions 98 and 99. Both claim to be eminent domain reform, but only one really is.

On June 3, I'm voting yes on Prop 98 and no on Prop 99.

Eminent domain reform is critical in light of the Supreme Court's dangerous expansion of eminent domain powers in its terribly misguided Kelo v. New London decision. Because of that decision, governments can force the sale of private property for any purpose that it considers an enhancement of the "public good."

Before Kelo, the government's power to force the sale of private property was limited to public-use projects like schools, roads, or sewer plants. Public-use projects are reasonable, constitutional uses of eminent domain.

After Kelo, any government agency can force the sale of real estate, including homes, apartments, businesses, churches, or farms, to developers who want to build factories, housing, retail, or other projects; as long as the non-public-use projects are prettier, bring jobs or increase taxes, they can be construed as enhancing the public good.

The post-Kelo version of eminent domain is a dramatic and dangerous infringement on Americans' civil liberties. The threat is real. The Institute for Justice studied just one five-year period, 1998 to 2002, and discovered more than 10,000 cases of eminent domain filed or threatened to benefit private developers.

What's the difference between the dueling eminent domain propositions?

The Smart Voter web site says that Prop 98 "bars state and local governments from condemning or damaging private property for private uses … Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local government: Increased costs to many governments due to the measure's restrictions. The fiscal effect on most governments probably would not be significant."

In other words, Prop 98 protects all real estate from eminent domain on behalf of private developers.

The Smart Voter web site says that Prop 99 "bars state and local governments from using eminent domain to acquire an owner-occupied residence … for conveyance to a private person or business entity. Creates exceptions for public work or improvement, public health and safety protection, and crime prevention. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local government: The measure would likely not have a significant fiscal impact on state or local governments."

In addition, the nonpartisan legislative analyst's office says that Prop 99 "would not change significantly current government land acquisition practices."

That's because Prop 99 only affects owner-occupied homes in which the owners have lived for at least one year. It doesn't apply to real estate used by businesses, churches, or farms. It doesn't protect rental homes. Not only that, Prop 99 creates numerous exceptions even for owner-occupied homes.

That's why opponents have justifiably called Prop 99 the "do-nothing" proposition.

Prop 99 is supported by the League of California Cities, the California State Association of Counties, the California Special Districts Association and the California Redevelopment Association. Each of these groups has a vested interest in making sure that real eminent domain reform doesn't stand a chance in California.

They can do that by passing sham legislation like Prop 99, or by splitting the vote so that neither measure passes. Either way, they keep all or most of their overly broad eminent domain powers that let them take private property from one private party and give it to another private party - usually a well-connected developer - all in the name of the vague and highly subjective "public good."

Don't fall for it. Blunt the impact of the Supreme Court's boneheaded Kelo v. New London decision in California. Protect one of our precious civil liberties - private property rights. Vote yes on Prop 98 and no on Prop 99.


Lisa Pampuch
Lisa Pampuch is a technical editor and a member of the newspaper’s editorial board. She lives in Morgan Hill with her husband and two children. You can reach her at lisapampuch@iname.com

blog comments powered by Disqus

Although the Gilroy Dispatch does not have any obligation to monitor this board, the Gilroy Dispatch reserves the right at all times to check this board and to remove any information or materials that are unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane, indecent or otherwise objectionable to the Gilroy Dispatch in our sole discretion and to disclose any information necessary to satisfy the law, regulation, or government request. The Gilroy Dispatch also reserves the right to permanently block any user who violates these terms and conditions. All threats to systems or site infrastructure shall be assumed genuine in nature and will be reported to the appropriate law enforcement authorities. Submission of any comments will be considered permission to use online or in print.

© Copyright 2008 MainStreet Media, LLC. All Rights Reserved. Any copying, redistribution or retransmission of any of the contents of this service without the express written consent of MainStreet Media, LLC. is expressly prohibited.

Add to Google Add to My Yahoo!  Email This Article  Print
Physician's Skin Solutions
 Opinion: Lisa Pampuch
Don't be a 'low-information' voter
Jul 21, 2008
 
Three simple steps to help solve the feral cat problem
Jul 7, 2008
 
'Puh-lease' let's have more common sense
Jun 30, 2008
 
Worried about GHS boundary? Heed Florence Trimble's advice
Jun 9, 2008
 
 Opinion: Cynthia Walker
A little volunteer history lesson on the birth of garlic ice cream
Jul 24, 2008
 
$55,000 to an outside consultant for police department analysis for what?
Jul 18, 2008
 
Keeping fireworks safe and sane in Gilroy
Jun 26, 2008
 
Singing those SCVWD subterranean aquifer blues
Jun 19, 2008
 
 Opinion: Ben Anderson
Does GUSD really want the bond to pass?
Jul 21, 2008
 
No police cruiser video – what the heck's going on?
Jul 7, 2008
 
Fireworks use all about being a free American
Jun 30, 2008
 
Self-serving vote to extend their terms for another year
Jun 23, 2008
 
More Lisa Pampuch... More Cynthia Walker... More Ben Anderson...
 
   
Quick Job Search
Enter Keyword(s):
Enter a City:  

Select a State:

Select a Category:


  - Advanced Job Search
  - Search by Category
 
Morgan Hill Recycling
 
 Obituaries

 Carroll K. Hurd
2/24/1915 - 7/22/2008

 Frank L. Lujan
1/22/1928 - 7/23/2008

 Robert Eugene Corbett
5/9/1941 - 7/20/2008

 Jack Pate
4/2/1931 - 7/17/2008

 Joseph Grant Allen
12/29/1919 - 6/1/2008

 Floyd (Skip) Watts
5/20/1946 - 7/15/2008

 Merwin Hancock Silverthorn Jr.
9/24/1920 - 7/12/2008

 Thomas A. Jackson
12/27/1968 - 7/13/2008

 Erma J. Sosa
6/27/1918 - 7/14/2008

 Photos
News
     
Sports
     
Special Events
     
Full Pages
     
 Videos
Sister city visitors arrive
Jul 24, 2008
 
Stories of Service
Jul 24, 2008
 
Second suspicious fire in seven months guts Gateway School building
Jul 23, 2008
 
Food Network films garlic production at ConAgra
Jul 23, 2008
 
 GilroyTV
 Most Wanted
 
More Obituaries... More Photos... More Videos...