Prop 98 archive
Proposition 98, the California Property Owner & Farmland Protection Act is simple -- it provides property rights protections for all. Right now, government has the right to take private property - our homes, family farms, mom-and-pop small businesses - to build a sports stadium, big-box chain store, or a hotel. Politically connected special interests use and abuse government's power of eminent domain to take and develop private property.
This is what the initiative does:
- Private property may not be taken by eminent domain for private use under any circumstances (i.e. to build a shopping center, auto mall or industrial park).
- Property may be taken by eminent domain only for public use (i.e. freeway construction, parks, schools).
- Property may not be taken by government and used for the same purposes (i.e. residential housing cannot be used for government housing).
- Family farms and open space are protected from seizures by government for the purpose of selling the natural resources.
- If a public agency takes property under false pretenses, or abandons its plans, the property must be offered for sale to the original owner at the original price and the property tax would be assessed at the value of the property when it was originally condemned.
- If farmers or business owners are evicted by eminent domain, they would be entitled to compensation for temporary business losses, relocation expenses, business reestablishment costs and other reasonable expenses.
- Government may not set the price at which property owners sell or lease their property.
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