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.
Text of measure
The Attorney General issued the following ballot title, summary and statement of fiscal impact for this initiative:
Eminent Domain. Taking property for private ownership. Statute.
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.
Probably no significant net fiscal impact on state and local governments.