California Online Voter Guide

June 2008 Statewide Primary Election

16th edition

Proposition 98 - Eminent Domain. Limits on Government Authority. Failed

Initiative Constitutional Amendment.

Summary

Bars state and local governments from taking or damaging private property for private uses.

Prohibits rent control and similar measures.
Prohibits deference to government in takings cases.

Defines “just compensation.”
Requires an award of attorneys fees and costs if a property owner obtains a judgment for more than the amount offered by the government.

Requires government to offer to original owner of condemned property the right to repurchase property at condemned price when property is put to substantially different use than was publicly stated.
Fiscal Impact: Increased costs to many governments due to the measure’s restrictions. The net statewide fiscal effect, however, probably would not be significant.

What a Yes or No Vote Means

A “YES” vote on this measure means: Government authority to take private property in order to transfer it to another private party would be greatly reduced. Rent control would be phased out.

A “NO” vote on this measure means: There would be no change to government’s authority to take property. That is, government could take property for a public purpose if government paid the owner for its value. Government could continue to control rent increases.

Full Text of Proposition 98/Proposed Law - (PDF)

Official Campaign Web Sites and Contact Information

Yes on Proposition 98

Yes on Prop. 98 – Californians for Property Rights Protection
921 11th Street, Suite 1201
Sacramento, CA 95814
Phone: (916) 556-1110
Email: info@YesProp98.com
Web site: www.YesProp98.com

No on Proposition 98

Vote No on Prop 98
1121 L Street, Suite 803
Sacramento, CA 95814
Phone: (916) 443-0872)
Email: online contact form
Web site: www.NoProp98.org

Who Signed the Ballot Arguments

Yes on Proposition 98

Jon Coupal, President, Howard Jarvis Taxpayers Association, Protect Prop. 13 Committee
Doug Mosebar, President, California Farm Bureau
Steve L. Caughran, 2007 California Small Business Owner of the Year, National Federation of Independent Business
No on Proposition 98

Jeannine English, California State President, AARP
Janis R. Hirohama, President, League of Women Voters of California
Richard Word, President, California Police Chiefs Association

News Articles

California voters face dueling measures on home seizure by eminent domain, by Patrick McGreevy, Los Angeles Times, April 20, 2008.
Rent control targeted in June election, by Mary Ann Milbourn, Orange County Register, April 2, 2008.

Follow the Money

Proposition 98 Campaign Finances through May 17, 2008
Position	Support		Oppose *
Total Raised	$6,609,228		$7,892,741
Top Donors	Name	Amount	Name	Amount
	California Association of Realtors IMPAC [Los Angeles, CA]	$654,750	League of California Cities (non-public funds & CITIPAC) [Sacramento, CA]	$3,795,263
	Apartment Owners Association PAC [Van Nuys, CA]	$528,218	California State Association of Counties (non-public funds) [Sacramento, CA]	$796,935
	Thomas Coates (and affiliated entity Jackson Square Properties) Mobile Home Park Owner [San Francisco, CA]	$523,440	California Redevelopment Association (non-public funds) [Sacramento, CA]	$450,149
	Howard Jarvis Taxpayers Association (“No New Taxes” & “Protect Prop. 13” projects) [Los Angeles, Santa Monica, CA]	$427,575	California State Council of SEIU (Ballot Issues Committee) [Sacramento, CA]	$300,000
	California Farm Bureau Federation [Sacramento, CA]	$405,951	California Alliance For Jobs (Rebuild California Committee) [Sacramento, CA], California Construction Industry LMCT [Sacramento, CA], California Teachers Assn. (Issues PAC) [Burlington, CA], Peninsula Open Space Trust [Palo Alto, CA], The Nature Conservancy [San Francisco, CA] [tied]	$250,000

* The top financial opponents of Prop. 98 are also the top donors supporting Prop. 99 and are donating through a combined fundraising effort.

Detailed information about all contributors for and against Proposition 98 is available from campaign finance reports at Cal-Access, the Secretary of State's campaign disclosure web site. To view the most recent contributions, select a committee and click "Late and $5000+ Contributions Received".