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What is it: This proposition would change the California Constitution so that the government could not force the sale of private property for public use. If passed, this proposition would require property owners be paid for economic losses caused by new laws and rules (except in certain emergency situations). In summary, this proposition limits the power of government to take away private property (known as “eminent domain”).
What the Pro people are saying: Property owners should not be forced to give up their property so that governments (usually local) build expensive houses, retail or commercial districts. The government should not be allowed to also pass laws that decrease the value of our property.
What the Con people are saying: If passed, this proposition is not just about eminent domain, but it would give homeowners new categories to sue governments. It would cost taxpayers billions of dollars because of these lawsuits.
Bottom Line: Homeowners need solid protection in eminent domain situations, and it is shameful when the government abuses its power in eminent domain cases. The aim of this proposition is honorable, but falls short in giving homeowners the protection they need in eminent domain cases. The US Supreme Court has affirmed the power of eminent domain, so if this proposition passes, it will surely be fought (and probably lose) in the courts. Furthermore, there seems to be too many loopholes in this initiative that will allow people to abuse the system, and sue local governments for having a hand in property values going down.
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