PANEL AIMS TO CURB EMINENT DOMAIN.Byline: Harrison Sheppard Sacramento Bureau SACRAMENTO - State lawmakers launched an effort Wednesday to limit the ability of local government to take private property for private developers' benefit. Lawmakers have proposed several bills to try to limit the ability of governments to take property in the wake of a recent U.S. Supreme Court decision upholding that ability in a Connecticut case. ``To take your home to give it to me for my profit, because I have friends on the city council and you don't, is abhorrent ab·hor·rent adj. 1. Disgusting, loathsome, or repellent. 2. Feeling repugnance or loathing. 3. Archaic Being strongly opposed. to every tradition of American and English law The system of law that has developed in England from approximately 1066 to the present. The body of English law includes legislation, Common Law, and a host of other legal norms established by Parliament, the Crown, and the judiciary. ,'' said Sen. Tom McClintock Thomas Miller "Tom" McClintock (born July 10, 1956 in White Plains, New York) is a California State Senator. He ran for Governor of California in the 2003 California recall election of Gray Davis and finished third out of 135 candidates with 13.5% of the overall vote. , R-Thousand Oaks. ``A very alien doctrine has subverted our historic property rights.'' The Senate Committee On Local Government held a three-hour hearing in which experts disagreed over how common the practice is in California. ``The taking of a single-family residence, owner-occupied, is an extremely rare occurrence in California,'' said Joseph Coomes, a redevelopment attorney and former Sacramento city attorney. Usually, he said, local city councils have a difficult time approving such attempts from a political perspective, while California law California Law consists of 29 codes, covering various subject areas, the State Constitution and Statutes. See also
n. 1. a. Any of numerous plant diseases resulting in sudden conspicuous wilting and dying of affected parts, especially young, growing tissues. b. area. But Timothy Sandefur with the Pacific Legal Foundation said 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 takings, if you include commercial property, for the benefit of private developers occur at least eight times as often as in Connecticut. McClintock has proposed a constitutional amendment that would ban all takings of private property by government if it is to be used by a private developer but would continue to allow such takings for public purposes such as freeways and schools. Committee chairwoman Sen. Christine Kehoe Christine T. Kehoe (born October 3, 1950 in Troy, New York) is a California State Senator representing the 39th district that includes the San Diego county communities of City Heights, Clairemont, Del Mar, Emerald Hills, Encanto, Hillcrest, Kearny Mesa, La Jolla, Lemon Grove Linda , D-San Diego, has proposed a less stringent two-year moratorium A suspension of activity or an authorized period of delay or waiting. A moratorium is sometimes agreed upon by the interested parties, or it may be authorized or imposed by operation of law. on eminent domain takings of owner-occupied residential property for private use, as well as a constitutional amendment that could make the ban permanent. She said McClintock's measure goes too far because some takings of commercial property may be necessary to spur redevelopment in blighted areas. ``We're talking about mostly older urban neighborhoods, where there is no longer private investment, jobs are leaving, market rate development has stopped,'' Kehoe said. ``That's where you need redevelopment. Unless we give local communities those kinds of tools, those neighborhoods will continue to deteriorate and be worse than they are today.'' Harrison Sheppard, (916) 446-6723 harrison.sheppard(at)dailynews.com |
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