Primary Election, June 3, 2008 - Prop 98 vs. Prop 99
Propositions 98 and 99 are opposing ballot initiatives for the upcoming primary election. I’ve read the voter’s information pamphlet from the California Secretary of State’s Office, and I’ve come to some conclusions.
Prop 98 limits the governments rights to take private property by eminent domain, and transfer it to private owners or developers for their private use and profit. This has happened recently in Arcadia, where the city of Arcadia condemned private property in order to put a car dealership in it’s place. The city benefits because of the increased sales tax revenue, so that was their claim to eminent domain. The private business owners who were displaced, lost their businesses, some after many years of success.
The opponents of Prop 98 (the supporters of Prop 99) have made some ”mis-statements” in their arguments against Prop 98. They state that this proposition
- Eliminates rent control.
- Wipes out basic renter protections like requiring the fair return of rental deposits.
- Takes away protections requiring 60-day notice before forcing renters out of homes.
The first point is the only one that is correct. Part of this proposition does eliminate rent control. However, it keeps it in effect for as long as the current tenant remains in the property. Only after that tenant has terminated their lease, does it go into effect for new tenants.
The last two points are flawed. I’ve read through the entire proposition several times, looking for these items, and I could find nothing that mentions rental deposits or notice given to tenants. The proposition simply refers to the California Civil Code that covers rent control, and mentions nothing else.
Proposition 99, however, changes essentially nothing about the current eminent domain laws. According to the Legislative Analyst, “this measure would not change significantly current government land acquisition practices.” And, in the language of the proposition itself, “SECTION 3. By enacting this measure, the voters do not intend to change the meaning of the terms in subdivision (a) of Section 19, Article I of the California Constitution, including, without limitation, “taken,” “damaged,” “public use,” and “just compensation,” and deliberately do not impose any restrictions on the exercise of power pursuant to Section 19, Article I, other than as expressly provided for in this measure.”
In addition, there is a provision in Prop 99 that states that if Prop 99 gets more Yes votes than Prop 98, Prop 98 becomes null and void, EVEN IF Prop 98 is approved by a majority of voters. That doesn’t seem quite fair to me. This measure is so badly written that it’s conceivable that both measures could fail at the ballot box, and if Prop 99 gets more Yes votes, “the provisions of this measure shall prevail in their entirety”. I’m sure that this would be immediately challenged in Court, but nevertheless, that’s what it says.
To protect private property rights, and prevent future car dealerships, etc. from taking over private homes and businesses, I recommend voting YES on 98, and NO on 99.
Posted: May 1st, 2008 under Pasadena CA real estate, Pasadena California real estate, Pasadena real estate, Pasadena real estate agent, Pasadena real estate companies, Pasadena real estate investment, Pasadena Realtor, Pasadena residential real estate, Real estate in Pasadena, Real estate Pasadena, Glendale CA real estate, Glendale real estate investment, Glendale realtor, Glendale residential real estate, real estate in Glendale, real estate Glendale.
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