California Eminent Domain Protection Act (2008)

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The Eminent Domain Protection Act (07-0099) did not appear on the November 4, 2008 statewide ballot in California as an initiated state statute.

Don H. Lippman & Christopher A. Sutton were the official proponents of this initiative.[1]

Text of measure

The Attorney General issued the following ballot title, summary and statement of fiscal impact for this initiative:[2]

Ballot title

Eminent Domain. Taking property for private ownership. Statute. [3]

Ballot summary

Changes procedures for condemning property if property will not be owned and permanently used by the acquiring public entity. Requires government to prove by clear and convincing evidence that property is needed for public use and condemnation will benefit a significant segment of public with no disproportionate benefit to private person or group. Eliminates presumption in favor of government and requires issues regarding use and compensation be decided by jury. Limits condemnation to needed part of property and allows property owners who successfully defend against condemnation to recover litigation expenses.[3]

Fiscal impact

Probably no significant net fiscal impact on state and local governments.[3]

See also

External links

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