EDITORIAL NO ON PROP. 90 EMINENT-DOMAIN MEASURE GOES FAR PAST REASONABLE.THE proponents of Proposition 90 would like voters to believe that the measure is merely a good-hearted attempt to stop Wal-Mart from taking your home for a new supercenter. It's not. Indeed, Proposition 90 is the classic Trojan horse See Trojan. Trojan Horse hollow horse concealed soldiers, enabling them to enter and capture Troy. [Gk. Myth.: Iliad] See : Deceit (application, security) Trojan horse measure that appears to be benign benign /be·nign/ (be-nin´) not malignant; not recurrent; favorable for recovery. be·nign adj. Of no danger to health, especially relating to a tumorous growth; not malignant. , but carries a terrible reality at its core. That dark core is that it redefines property rights to an absurd extreme that could do severe damage to future financial health and physical development. On its face, Proposition 90 would protect Californians from the fate that befell 15 homeowners in Connecticut last year when the U.S. Supreme Court ruled that their city could use eminent domain eminent domain, the right of a government to force the owner of private property sell it if it is needed for a public use. The right is based on the doctrine that a sovereign state has dominion over all lands and buildings within its borders, which has its origins in to clear out the area for commercial development. The decision was an affront af·front tr.v. af·front·ed, af·front·ing, af·fronts 1. To insult intentionally, especially openly. See Synonyms at offend. 2. a. To meet defiantly; confront. b. to Americans of all political affiliations and classes. This measure takes that ruling and turns it on its head. It's a ruse Ruse (r  `sĕ), city (1993 pop. 170,209), NE Bulgaria, on the Danube River bordering Romania. The chief river port of Bulgaria, it is also an industrial and communications center. . Stronger laws protecting Californians from similar seizures In counterdrug operations, includes drugs and conveyances seized by law enforcement authorities and drug-related assets (monetary instruments, etc.) confiscated based on evidence that they have been derived from or used in illegal narcotics activities. certainly would be beneficial. But the real point of Proposition 90 is that it redefines what constitutes damage to property by the government. It allows property owners to sue for virtually any action government takes -- with the exception of actions for the public health and safety -- that might affect current or potential property values. If the city rezones a street to accommodate future city growth or decline, that's a potential payday for a litigious litigious adj. referring to a person who constantly brings or prolongs legal actions, particularly when the legal maneuvers are unnecessary or unfounded. Such persons often enjoy legal battles, controversy, the courtroom, the spotlight, use the courts to punish landowner. Not only does this severely limit cities and the state from building new infrastructure -- roads, parks, schools, prisons and anything else to improve the quality of life -- but it is expected to have serious financial impacts. For a glimpse of California's possible future under Proposition 90, consider Oregon. The much smaller neighbor passed a similar law in 2004 and has so far seen 2,000 claims of loss of economic value for a combined $5 billion. Virtually the only group to benefit from Proposition 90 will be land-use lawyers and a few property owners and speculators. But the rest of us will pay dearly for it. Vote no on Proposition 90. CAPTION(S): box Box: Daily News Endorsements To Date |
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