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Title and Summary Analysis Arguments and Rebuttals Text of Proposed Law

PROP
98

EMINENT DOMAIN. LIMITS ON GOVERNMENT AUTHORITY.
INITIATIVE CONSTITUTIONAL AMENDMENT.

OFFICIAL TITLE AND SUMMARY                    PREPARED BY THE ATTORNEY GENERAL

EMINENT DOMAIN. LIMITS ON GOVERNMENT AUTHORITY.
INITIATIVE CONSTITUTIONAL AMENDMENT.

  • 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.

Summary of Legislative Analyst’s Estimate of Net State and Local Government Fiscal Impact:

  • Increased costs to many governments due to the measure’s restrictions. The net statewide fiscal effect, however, probably would not be significant.



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