Pete Rates the Propositions
Sensible opinions on the California ballot propositions  since 1980  by Pete Stahl  

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Prop. 98 - NO
Prop. 99 - YES
 
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Pete Rates the Propositions
June 2008

Pete recommends:
98   NO   Elimination of Rent Control
99   YES   Restriction on Use of Eminent Domain


Proposition 98: Elimination of Rent Control – NO

Prop 98 prohibits governments from using eminent domain to acquire private property for transfer to new, private owners. Also prohibits governments from acquiring private property via eminent domain for use as the private owner used it. Requires governments to use acquired property for the purpose specified in the eminent domain process, or else offer to sell it back to the original owner. Increases the compensation provided to property owners. This effectively addresses the Kelo issues. Nothing wrong so far.

Prop 98 also prohibits the taking of private property "for the consumption of natural resources." This would make it nearly impossible for the government to build any new public water project. Uh oh.

Furthermore, there is a provision prohibiting laws and regulations that "transfer an economic benefit to one or more private persons at the expense of the private owner." Depending on who you believe, this provision might overturn most existing environmental and land-use regulations. That's not good.

Perhaps most significantly, Prop 98 also will abolish rent control for apartments and mobile homes. No new rent control measures may be enacted, and all existing rent-controlled units would go to market rate when the current tenants leave. Also, although the measure is ambiguously worded, Prop 98 would probably eliminate existing protections for renters and mobile home owners, such as laws requiring reasonable return of rental deposits and preventing unfair evictions. That's just awful.

Complete rating coming soon.



Proposition 99: Restriction on the Use of Eminent Domain – YES

Prop 99 prohibits governments from using eminent domain to acquire owner-occupied residences for transfer to new, private owners. Exceptions for cases involving public works, public health, or crime prevention. This effectively addresses the Kelo issues for homeowners, if not business owners or renters.

Oh, and Prop 99 also prevents any of Prop 98 from going into effect, including the rent control provisions.

Complete rating coming soon.



 
 
 
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