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California Propositions 98 and 99 (2008)
Encyclopedia
California Propositions 98 and 99 were competing ballot propositions
in the U.S. state
of California
to limit the use of eminent domain
and possibly rent control
. They were voted on on June 3, 2008; proposition 98 failed, while proposition 99 passed.
, which held that the power of eminent domain can sometimes be used to transfer property from one private owner to another. They addressed the issue differently, and also included other measures.
Proposition 98 would have prohibited "state and local governments from condemning or damaging private property for private uses", changed litigation rules to be more friendly to property owners, and required the government to allow the original owner to repurchase the property at the original price if it ended up being put to a different use than originally stated. In addition, the proposition would have prohibited rent control and similar measures.
Proposition 99 more narrowly prohibited "state and local governments from using eminent domain to acquire an owner-occupied residence [if the owner has occupied the residence for at least one year], as defined, for conveyance to a private person or business entity", subject to some exceptions. It did not prohibit rent control nor the use of eminent domain for properties other than residences occupied by the owner for over a year. The nonpartisan California Legislative Analyst's Office
(which prepares analyses for the official state voter guide) concluded, "Proposition 99 would not significantly change current government land acquisition practices."
If both propositions had passed, but Proposition 99 received more votes, only it, and not Proposition 98, would become law. However, this ended up not to matter as only Proposition 99 passed.
, and was also supported by landlord
groups. It was opposed by tenant groups and associations of cities and redevelopment agencies, who preferred Proposition 99. By April 2008, supporters of Proposition 98 had raised $3.5 million, and opponents $6.4 million, to conduct their campaigns.
California ballot proposition
In California, a ballot proposition is a proposed law that is submitted to the electorate for approval in a direct vote . It may take the form of a constitutional amendment or an ordinary statute. A ballot proposition may be proposed by the State Legislature or by a petition signed by members of...
in the U.S. state
U.S. state
A U.S. state is any one of the 50 federated states of the United States of America that share sovereignty with the federal government. Because of this shared sovereignty, an American is a citizen both of the federal entity and of his or her state of domicile. Four states use the official title of...
of California
California
California is a state located on the West Coast of the United States. It is by far the most populous U.S. state, and the third-largest by land area...
to limit the use of eminent domain
Eminent domain
Eminent domain , compulsory purchase , resumption/compulsory acquisition , or expropriation is an action of the state to seize a citizen's private property, expropriate property, or seize a citizen's rights in property with due monetary compensation, but without the owner's consent...
and possibly rent control
Rent control
Rent control refers to laws or ordinances that set price controls on the renting of residential housing. It functions as a price ceiling.Rent control exists in approximately 40 countries around the world...
. They were voted on on June 3, 2008; proposition 98 failed, while proposition 99 passed.
The measures
The propositions were partly a reaction to the 2005 U.S. Supreme Court ruling in Kelo v. City of New LondonKelo v. City of New London
Kelo v. City of New London, 545 U.S. 469 was a case decided by the Supreme Court of the United States involving the use of eminent domain to transfer land from one private owner to another to further economic development...
, which held that the power of eminent domain can sometimes be used to transfer property from one private owner to another. They addressed the issue differently, and also included other measures.
Proposition 98 would have prohibited "state and local governments from condemning or damaging private property for private uses", changed litigation rules to be more friendly to property owners, and required the government to allow the original owner to repurchase the property at the original price if it ended up being put to a different use than originally stated. In addition, the proposition would have prohibited rent control and similar measures.
Proposition 99 more narrowly prohibited "state and local governments from using eminent domain to acquire an owner-occupied residence [if the owner has occupied the residence for at least one year], as defined, for conveyance to a private person or business entity", subject to some exceptions. It did not prohibit rent control nor the use of eminent domain for properties other than residences occupied by the owner for over a year. The nonpartisan California Legislative Analyst's Office
California Legislative Analyst's Office
The Legislative Analyst's Office , located in Sacramento, California, has been providing fiscal and policy advice to the California Legislature for more than 70 years. It is known for its fiscal and programmatic expertise and nonpartisan analysis of the state budget...
(which prepares analyses for the official state voter guide) concluded, "Proposition 99 would not significantly change current government land acquisition practices."
If both propositions had passed, but Proposition 99 received more votes, only it, and not Proposition 98, would become law. However, this ended up not to matter as only Proposition 99 passed.
Support and opposition
Proposition 98 was co-sponsored by the Howard Jarvis Taxpayers AssociationHoward Jarvis Taxpayers Association
Howard Jarvis Taxpayers Association is a political organization that helped sponsor Proposition 13 in California in 1978.It was founded by California Republican Howard Jarvis. The organization has outlived its founder, and continues to operate to the present day under the same name, opposing all...
, and was also supported by landlord
Landlord
A landlord is the owner of a house, apartment, condominium, or real estate which is rented or leased to an individual or business, who is called a tenant . When a juristic person is in this position, the term landlord is used. Other terms include lessor and owner...
groups. It was opposed by tenant groups and associations of cities and redevelopment agencies, who preferred Proposition 99. By April 2008, supporters of Proposition 98 had raised $3.5 million, and opponents $6.4 million, to conduct their campaigns.