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TO: BOARD OF SUPERVISORS Contra
FROM: DENNIS BARRY, AICP, - -- Costa
COMMUNITY DEVELOPMENT DIRECTOR
OQST'� COUTj'
DATE: February 13, 2007 County
SUBJECT: Eminent Domain Reform Package
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION:
SUPPORT IN CONCEPT the draft eminent domain reform package being considered by the
California State Association of Counties (CSAC) Board of Directors, and AUTHORIZE the
Board's representative to vote in support of the package.
FINANCIAL IMPACT:
This action will not have a fiscal impact. The reform package could result in higher County
costs for public improvement and redevelopment projects.
BACKGROUND:
The 2005 U.S. Supreme Court Kelo vs. City of New London decision reaffirmed that
localities could use the power of eminent domain for economic development purposes. In
California, the power to use eminent domain for economic development is limited to
redevelopment agencies undertaking projects in blighted areas, therefore, the effects of
Kelo were largely irrelevant. Nonetheless, nationally and in California, a firestorm
surrounded the announcement of the Kelo decision. One of the manifestations of this
opposition in California came in the form of Proposition 90, which combined ma' r eminent
domain reforms along with major changes in the area of regulat takin
i
CONTINUED ON ATTACHMENT: ® YES SIGNATURE:
[IRECOMMENDATION OF COUNTY ADMINISTRATOR ❑ RECO MEN ATION OF/OARD COMMITTE
VAPPROVE ❑ OTHER
SIGNATURE(S):
ACTION OF BOON 0
APPROVED AS ECOMMENDED D9 OTHER ❑
OF, gaA IZn 40r6VI 4-o -TV AVD -rHf5 U le 6,W cY I f6— 1-0 -rti L- o-:2/l g ANDA .
VOTE OF SUPERVISORS: I HEREBY CERTIFY THAT THIS IS A TRUE AND
CORRECT COPY OF AN ACTION TAKEN AND
UNANIMOUS(ABSENT P%5,f .)&r y ) ENTERED ON THE MINUTES OF THE BOARD OF
AYES: NOES: SUPERVISORS/AGENCY ON THE DATE SHOWN.
ABSENT: ABSTAIN: ATTESTED
Contact: Jim Kennedy JOHN CULLEN, CLERK OF THE BOARD OF
335-7225 SUPERVISORS/AGENCY SECRETARY
orig: Redevelopment `
cc: County Administrator By; Deputy
County Counsel
Community Development
Public Works
General Services
C:\D000ME-1�JKennedy\LOCALS-1\Temp\notesBAAA25\BOARD.RDA.eminent domain reform package-rev by SHoffman.doc
The voters of California rejected Proposition 90 in November, 2006. Nonetheless, polls continue
to indicate the need for eminent domain reform.
The coalition of organizations that opposed Proposition 90, including CSAC, the League of
California Cities, the California Redevelopment Association and environmental groups have been
working on an eminent domain package that would present a constitutional amendment for
consideration by the voters. The reform package would include the following:
• Prohibit the use of eminent domain to acquire single-family owner occupied properties for
purposes of transfer to a private entity;
• Improve assistance to small business by
1. Providing opportunities for the businesses to participate in the planned projects; or
2. Increasing the amount of compensation for relocation, or the fair market value of
the small business; and
• If a public agency has not used the property within 10 years, allow the prior owner to re-
purchase it at then-current market value (with return of the Proposition 13 property tax
base year).
Nothing in the proposal would preclude local government from using eminent domain to abate a
nuisance, address health and safety violations, prevent criminal activity, respond to an
emergency, remedy environmental contamination and other similar conditions.
The coalition of interests hopes to partner with other organization normally aligned with the
property-rights side of this issue. However, meetings are still in progress, so final language is not
yet available.
The CSAC Executive Committee heard a verbal report from CSAC staff on this issue at its
February 8, 2007, meeting.
There is a need for immediate action since CSAC's Board of Directors will be considering the
matter at their February 22, 2007 meeting, in time for the coalition to seek legislation prior to
February 23, 2007, the deadline for introducing legislation. The Board of Supervisors next
regularly scheduled meeting is not until February 27, 2007.
C:\DOCUME-1\JKennedy\LOCALS-1\Temp\notesBAAA25\BOARD.RDA.eminent domain reform package-rev by SHoffman.doc