Stopping Eminent Domain Abuse in CA

From: Joy McCann <jmmccann_at_sbcglobal.net_at_hypermail.org>
Date: Mon, 29 Aug 2005 15:35:56 -0700

FYI.

--Queen Mab


* * *

Friends,

Tomorrow, August 30, the California Judiciary Committee will vote on
Senate Constitutional Amendment 15 (SCA 15), the Homeowner and Property
Protection Act.  If it becomes law -- through a vote by the legislature
and a vote by the general public -- this amendment will protect all
home and business owners throughout the state from the abuse of eminent
domain for private commercial development.  It is crucial that the
Committee approve the amendment so that the full legislature and the
people will have a chance to enact it.  If you are interested in the
plight of California home and small business owners, it’s vitally
important that you contact the members of the Judiciary Committee today
and urge them to approve SCA 15. 

  SCA 15 requires that property taken by eminent domain be owned and
occupied by the government entity taking it.  It continues to allow
condemnations for public utilities and railroads but otherwise flatly
prohibits eminent domain for the benefit of private parties.  This is
the best legislation in the entire country to address the problem of
eminent domain abuse that has been introduced since the Kelo decision. 
If enacted, it will not only protect Californians, but will also serve
as an important reform model in other states.  There is competing
"moratorium" legislation that is being touted by some as a significant
reform, but that bill only protects owner-occupied residences, and thus
leaves thousands of people vulnerable to eminent domain abuse. 
Churches, small business owners and tenants, including families who are
long-term residents of apartments and other rental homes, will find no
protection under the moratorium bill.  There are also other proposed
constitutional amendments that the committee may consider, but these
leave the door wide open to eminent domain abuse.

Please contact the members of the Judiciary Committee as soon as you
can and tell them that you support SCA 15 and that it, not the
"moratorium" bill or other watered-down constitutional amendments, is
the way to accomplish real reform of eminent domain laws in
California.  SCA 15 has a strong chance of being passed in a vote by
the general public; it should not die in committee.     

  The contact information for the Committee members is here: 
http://www.senate.ca.gov/ftp/sen/committee/STANDING/JUDICIARY/_home1/
PROFILE.HTM

Joseph Dunn, Chair: 916-651-4034
  Bill Morrow, Vice-Chair: 916-651-4038
  Dick Ackerman: 916-651-4033
  Gilbert Cedillo: 916-651-4022
  Martha Ecutia: 916-651-4030
  Liz Figueroa: 916-651-4010
  Sheila Kuehl: 916-651-4023                                     
                               

  The text of the amendment is available here: 
http://info.sen.ca.gov/pub/bill/sen/sb_0001-0050/
sca_15_bill_20050823_amended_sen.pdf

If you are in Sacramento, the meeting is open to the public and we’d
urge you to attend it as well -- and be sure to wear any t-shirts or
stickers opposing eminent domain abuse.  It will be in Room 4203 of the
State Capitol Building.

Call today and have your voice heard.  We thank you for your help.

Best wishes,
  Steven Anderson
  Castle Coalition Coordinator
  sanderson_at_ij.org

Elizabeth Moser
  Outreach Coordinator
  emoser_at_ij.org

Institute for Justice
  1717 Pennsylvania Ave NW
  Suite 200
  Washington, DC 20006
  202-955-1300
  fax 202-955-1329
  Castle Coalition: www.castlecoalition.org
  Litigating for Liberty: www.IJ.org

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Received on 2005-08-29 15:36:00

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