The Supreme Court’s recent eminent domain decision has sparked
controversy throughout the nation and pushed two California
legislators to propose a two-year moratorium on eminent domain
procedures being used to acquire owner-occupied private property
for private use.
Hollister – The Supreme Court’s recent eminent domain decision has sparked controversy throughout the nation and pushed two California legislators to propose a two-year moratorium on eminent domain procedures being used to acquire owner-occupied private property for private use.
State Assembly Members Simon Salinas, D-Salinas, who represents San Benito county teamed up with Gene Mullin, D-South San Francisco, to introduce the bill which would ban specific eminent domain procedures until a study determines if those procedures are being abused. The bill would require the California Research Bureau to create a report detailing all eminent domain proceedings taking private property for private use in the state during the last decade.
“We wanted to take some time to look at how eminent domain is being used here by redevelopment agencies and local governments,” Salinas said. “We want to see if there is any potential for abuse and how to prevent such abuse.”
In the June Kelo v. New London decision, the Supreme Court ruled that the city of New London followed Connecticut law when it took private property using eminent domain procedures and handed it over to New London Development Corporation, a private entity controlled by the city government. The court ruled public use could encompass economic development, even private development, so long as it serves a public purpose.
Previously, the use of eminent domain had been restricted to the taking of private property for public use, like building roads.
Salinas has followed the Supreme Court’s decision closely and says that what happened in Connecticut will not necessarily happen in California. But, he wants to make sure there is a problem with the current law before proposing legislative changes. If the study proposed by his bill shows that eminent domain has been abused, Salinas said he would work to ensure such practices are stopped. On the other hand, if the study shows eminent domain is not being misused and private land owners are not in jeopardy, further legislation would be pointless, Salinas said.
San Benito County Supervisor Anthony Botelho, who is also is a local farmer, believes the bill will be beneficial.
“I think its a step in the right direction,” he said. “I’d hate to see our country move in a direction where private property and individual rights are not recognized.”
The bill passed Senate Judiciary Committee Tuesday and will move to the Appropriations Committee. Salinas said the bill may be changed slightly based on the recommendations of the Judiciary Committee. But, even while the bill makes its way through the Assembly, landowners in San Benito County, and throughout the state, need not worry, he said.
“The issue has been raised and everybody is watching,” he said. “(Landowners) can rest assured, that type of abuse will be prevented.”
Salinas believes the rights of landowners must be balanced with the needs of the community in which they reside.
“It’s a balancing act,” Salinas said. “As an elected official you have to balance the interests of both.”
Local Rancher Greg Renz, owner of Agco Hay Company in Tres Pinos, is concerned about just that. Renz hopes legislators and government officials are careful when considering deprive citizens of their private property. Renz is not concerned specifically about his own property, but about property rights for everyone.
“You have to be real careful when you’re talking about taking away a man’s livelihood,” Renz said. “It’s a slippery slope and my concern is the potential for abuse.”
Brett Rowland covers education for the Free Lance. He can be reached at 831-637-5566 ext. 330 or [email protected].
