HomeMy WebLinkAbout13 EMINENT DOMAIN 09-06-05AGENDA REPORT
MEETING DATE:
SEPTEMBER 6, 2005
HONORABLE MAYOR AND MEMBERS OF CITY COUNCIL
WILLIAM A. HUSTON, CITY MANAGER
LEGISLATIVE REPORT - EMINENT DOMAIN LEGISLATION
RECOMMENDATION:
Pleasure of the City Council.
BACKGROUND:
Earlier this year the U. S. Supreme Court issued a ruling regarding the right of states to
enact laws governing the exercise of the eminent domain power. The ruling in Kelo v.
City of New London (Connecticut) reaffirmed that state legislatures have the
constitutional right to regulate use of eminent domain.
DISCUSSION:
Mayor Bone asked that this item be agendized in order for the City Council to discuss
what position it might want to take concerning legislation pending before the California
Legislature. All of the bills and proposed constitutional amendments would greatly limit
(and in some cases ban) the use of eminent domain by local government.
What is being missed in the rush to introduce legislation is the fact that the Kelo
decision has no impact on California and that it reaffirmed prior Supreme Court rulings.
In fact, California's current laws governing eminent domain are among the most
restrictive in the nation. The main thrust of legislation pending in Sacramento is to
prohibit use of eminent domain to acquire residential property and prohibit transferring
property acquired through eminent domain to a private party.
If legislation of this nature is enacted, then the use of eminent domain for alleviation of
blight or for economic development will essentially be prohibited.