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A test for Prop. 99 June 23, 2009 - In June of 2008, Prop. 99, an eminent domain ballot measure financed by redevelopment agencies and other public agency organizations that profit by seizing private property, won voter approval. While roundly criticized by the Alliance and legal experts for its many loopholes, a case in Lynwood may put the new law to the test. Developers have re-introduced a massive 44 acre hotel, auto mall and retail project that has one problem-there is no open space in this Los Angeles area community, just homes and small businesses! Local property owners fought a similar project by the same developer some years earlier when the proposed project included a NFL football stadium that would rest on top of hundreds of homes and small businesses, displacing about 1000 people. According to the Los Angeles WAVE newspaper, the developer has now moved the project to crush another neighborhood instead with presumably fewer “owner occupied” homes that are purported to be illegal seizures under Prop. 99. We guess if you fail the first time, try… try again. A Documentary Critical of the California Coastal June 17, 2009 - A filmmaker who is producing Sins of Commission, a movie critical of the California Coastal Commission’s infringement on private property rights, was served a subpoena by the commission to acquire raw footage of the film before its final release! Claiming that this intimidation is an attack on his 1st Amendment Rights, the filmmaker is going public. This legal tactic comes as no surprise to property owners who have dealt with a commission who has denied them the ability to make even the most modest improvements to their homes -- or permission to trim dry brush around their property during fire season. In fact, some believe that the Coastal Commission is using intimidation to suppress any criticism of the unelected commission that is accountable to no one! Perhaps, it will only be when the film is finally made public that California voters will understand the full scope and authority of this powerful, yet otherwise obscure State commission.
June 15, 2009 – Columnists compare the Transbay Joint Powers Authority’s use of eminent domain to legendary outlaw Black Bart. June 14, 2009 – The NY Times reports, “Judge Sonia Sotomayor will doubtless be questioned about Kelo at her confirmation hearings next month. But her answers will be complicated by her participation in a 2006 decision applying and extending Kelo.” June 8, 2009 - The Associated Press writes, “The federal government backtracked Friday and decided not to seize the western Pennsylvania property needed to build a Flight 93 (9-11) memorial, saying instead it would renew negotiations with landowners.” June 7, 2009 - Residents in upstate California who have had their property right’s threatened by the proposed high voltage power lines have started to fight back by forming the North State Land Owners Committee. June 6, 2009 – A writer states in a San Francisco column that the President’s nominee to the U.S. Supreme Court; “Her record on property rights is no more promising. In 2006’s Didden v. Village of Port Chester, she ratified an eminent-domain abuse that makes the infamous Kelo case look mild.” June 4, 2009 – Caltrans is coming under increasing criticism for becoming one of the state’s biggest slumlords by acquiring property by eminent domain for roads never built and allowing them to deteriorate into blighted properties. Selling these properties to balance the state budget deficit is just one of many solutions according to a local state legislator. June 3, 2009 -- The citizens of the California High Desert are fighting back against the use of eminent domain to seize property to build obtrusive power lines. May 31, 2009 – The Orange County Register suggests reforming redevelopment to save the State budget $5 billion! May 26, 2009 – A filmmaker takes on the California Coastal Commission in his recently released film, "Sins of Commission." To learn about the film and view testimonials from property owners fighting for their rights, visit www.sinsofcommission.com. May 11, 2009 – Northern California property owners fighting plan to build major power lines through their property and communities. May 7, 2009 – To build a 9/11 memorial in Pennsylvania, the Associated Press reports that the federal government intends to seize land by eminent domain so that “the Flight 93 memorial can be built by the 10th anniversary of the terrorist attacks, property owners say they're disappointed and surprised by the plan.” May 7, 2009 – The Sacramento Bee reports, “Property owners in five counties around the Sacramento-San Joaquin Delta are protesting plans by the state to survey their land for a controversial new water canal – opposition that has landed them in court.” May 5, 2009 – The Orange County Register reports that, “The Fullerton City Council is set to vote today on a noxious redevelopment plan that will undermine property rights, promote the use of eminent domain.” May 4, 2009 – Stockton farmers threatened by eminent domain are taking the State to court. Case may be the first of many in the battle to fight the proposed Peripheral Canal. May 1, 2009- Justice David Souter, who sided against against Susette Kelo and her pink house in one of the most controversial eminent domain cases, Kelo v. New London, is said to be retiring from the Supreme Court. Friends of property rights should breathe a sigh of relief! April 23, 2009 - The City of Fullerton intends to declare an area with over 160 businesses 'blighted,' which would leave them susceptible to eminent domain abuse. March 14, 2009 – Forest City Enterprises, a developer who has preyed on private property rights throughout California and contributed hundreds of thousands of dollars to defeat eminent domain ballot measures, pulls out of Fresno redevelopment project. Local property owners are spared eminent domain for now. March 13, 2009 – Despite veto threats from Governor Barbour, the Mississippi State House overwhelmingly passed legislation that would severely limit the use of eminent domain. Unfortunately, eminent domain reform has not come to California. March 11, 2009 – March 11, 2009 – Assemblyman Hector De La Torre, opponent of eminent reform in California, has announced his intentions to run for Insurance Commissioner. March 10, 2009 – In an unusual case in San Mateo County, one government agency is attempting to use eminent domain to acquire water wells from another government agency. March 5, 2009 – Since Lodi voters rejected a ballot measure that prompted fears of eminent domain, city leaders are now searching ways to improve their community without threatening private property rights. March 4, 2009 – Voters soundly reject a measure that would broaden redevelopment plans in Lodi and prompted fears of eminent domain abuse. March 3, 2009 – In order to acquire new water, Oceanside is threatening to use eminent domain. Seizure puts property owner’s plans to build a hotel at risk! February 28, 2009 – Community group opposes city of Pittsburg's use of eminent domain for a redevelopment project. February 18, 2009 – The Stockton Record reports, “The court ruled Friday that Stockton's acquisition of Marina Tower, on the north bank of the Stockton Deep Water Channel, was based on vague resolutions of necessity that failed to specify for what use the city sought the land. "This is a case of 'condemn first, decide what to do with the property later,' " the court ruled.” February 11, 2009 - City of San Jose may seek political retribution against business group for its efforts to unseat a pro-eminent domain councilmember. February 7, 2009 – Ontario homeowners raise eminent domain concerns and protest proposed plan to bulldoze their homes for industrial properties. January 26, 2009 - Read the Wall Street Journal’s book review of the “Little Pink House,” the story of Suzette Kelo’s battle to protect her New London Connecticut home from eminent domain – a battle that launched a national private property rights debate. January 26, 2009 – The Los Angeles Times reports on Temple City and a case involving alleged campaign contributions, bribes and eminent domain. January 22, 2009 – In a victory for property rights, the Institute for Justice wins an appeal case that reverses a decision to throw out an eminent domain case brought by a Youth Athletic Club that would hold the city accountable for its redevelopment plans. January 17, 2009 - The Institute for Justice takes on a Southern California city that has unrightfully declared 700 properties blighted, including a youth athletic center. January 9, 2009 - Sadly, Dudley Holman, a founding director of the Alliance, has passed away. He was a good friend and champion of private property rights, and other noble causes in his community. Dudley helped establish the Alliance when the Yolo County Board of Supervisors sought to seize a 17,000 acre ranch by eminent domain, using profits from a local casino to pay for it! Everyone who came to know Dudley as a friend, community leader and a champion of private property rights will miss him dearly. January 6, 2009 – The Azusa City Council votes unanimously to seize a family business by eminent domain for a restaurant and grocery store. The business is not “blighted.” It just stands in the way of another business that promises more tax revenue! January 6, 2009 - Never before has a budget proposal put California private property rights at such risk. California already has some of the weakest private property laws in the Nation. Under current law, a modest home or productive business can be deem blighted and subjected to eminent domain even if it is just next to so-called "blighted" property. As Dan Walters points out, in return for diverting redevelopment funds to the State of California, these very agencies can redesignate properties "blighted" without any new blight studies! This budget plan will only give public agencies financial incentives to gobble up private property from unwilling sellers to satisfy government's insatiable need for new tax revenue! December 29, 2008 – Eminent Domain/Water Rights: The Conaway Ranch, once threatened by eminent domain, is being sued by environmental groups for selling its surplus water. December 21, 2008 – The Orange County Register editorializes on the ills of redevelopment. December 7, 2008 – Victorville residents say city’s “land grab” ruined them. December 5, 2008 – Azusa furniture store owner begins petition drive to save his business from eminent domain. December 2, 2008 - The fight to protect Baldwin Park from eminent domain abuse is over. The developer’s business has collapsed and he even had to sell his home! November 26, 2008 – Only after a ranch and modest homes are seized by eminent domain and bulldozed does the developer pull the plug on the project. Yet another promise of revitalization at the expense of property rights fails! November 25, 2008 – Illustrating that property owners are never truly compensated when their property is seized by eminent domain, a developer is suing a public agency for NOT using eminent domain to acquire property on the cheap. While it cost them more, the agency chose to do the right thing. They entered into a willing agreement with the property owner. November 24, 2008 – Efforts to use eminent domain to build an NFL team in Los Angeles is not dead! How can a stadium be built when homes and businesses stand in the way? November 21, 2008 - Today, property owners in Baldwin Park are celebrating! For the past two years, the City of Baldwin Park was working with a controversial developer to seize over 200 homes and 300 businesses by eminent domain - an area of over 125 football fields! This week, the developer backed out of the deal! November 16, 2008 – Only weeks after the City of Sacramento acquires private property under the threat of eminent domain does the city’s chosen developer seek even more taxpayer dollars to subsidize the project. The property owner gets pennies on the dollar for his property and now taxpayers get fleeced! What’s next? November 13, 2008 – Former residents (over 1000 families) of Chavez Ravine share painful memories of being tossed from their homes for Dodger Stadium and never being fully compensated for their lost property. November 12, 2008 – South San Joaquin Irrigation District lobbies business group to stay neutral on their efforts to seize PG&E property by eminent domain. See related articles:
November 9, 2008 – Read how San Francisco’s “Harlem of the West” lost over 900 businesses and 4,700 homes to eminent domain and little to show for it! As the city takes on redeveloping San Francisco’s last remain black neighborhoods, have they not learned from their mistakes? October 31, 2008 - The Long Beach Press Telegram says, “Residents of North Long Beach, worried that some of their homes might be condemned for redevelopment projects, are giving City Hall a tough time. Rightfully so.” October 28, 2008 – Long Beach pack rats beware! City of Long Beach considers homes blighted if you can’t fit your car in your garage. Organization that litigated the Kelo case before the U.S. Supreme Court finds this "bizarre and offensive." October 21, 2008 – As columnist Dan Walters reports, redevelopment projects that are intended to revitalize communities can backfire. October 17, 2008 – Threatened by eminent domain, historic Long Beach bookstore closes its doors after nearly 75 years of business. October 14, 2008 - The Alliance announces their endorsements of property right advocates in key races across California. October 8, 2008 –Prop. 99 proves to be a sham! Yesterday, the City of Long Beach voted to extend eminent domain powers to its redevelopment agency in accordance with Prop. 99, or so they say. Redevelopment interests that drafted and financed Prop. 99 claimed throughout their campaign that their measure provided “iron-clad” protections for homeowners. However, the City has found several loopholes, including one that allows them to seize homes if the homeowner does not comply with “maintenance standards,” including having a untidy garage. Pack rats beware of eminent domain!
September 30, 2008 - Governor Schwarzenegger vetoes AB 2686. The bill would have allowed tribes, sovereign nations, to join joint powers authorities that have the power of eminent domain. In 2005, a Yolo County tribe sought to use their vast financial resources to fund an eminent domain taking of Conaway Ranch -- over 17,000 acres farmland and its water rights. September 24, 2008 - The City of Vista doubles the size of its redevelopment area with no written assurances that private property won’t be seized by eminent domain. September 21, 2008 – Property owners in Yorba Linda qualify a eminent domain reform measure that will appear on the November ballot. September 20, 2008 - Despite assurances by the Vista redevelopment agency that they won't seize homes by eminent domain, the city fuels community distrust by refusing to put it writing! September 17, 2008 - The Long Beach Press Telegram narrows in on Proposition 99’s blatant flaws and explains why property owners have a right to be uneasy with government taking of private property. September 16, 2008 - Despite opposition from residents, Long Beach extends power of eminent domain to seize private property. September 15, 2008 - Yet another national public opinion survey reveals that Americans overwhelming oppose the seizing of private property by eminent domain for economic development purposes. 88% of Americans feel that private property rights is a fundamental right. September 11, 2008 - A local citizen discovers firsthand how a citizens committee designed to advise a city on a redevelopment project was rigged to undermine private property rights. September 2, 2008 - Redevelopment agencies that have acquired considerable wealth by seizing private property on the cheap now stand to lose funds to balance the state budget. All the property owners who have lost their property to eminent domain are not shedding any tears for them. August 29, 2008 - An Atascadero paper reports, "Pat and Sue Gaughn, the Atascadero property owners who sued the city of Atascadero in 2006 claiming ingenuine threats of eminent domain damaged them in excess of $200,000, reached a settlement with the city's self-insurance pool last week." This case illustrates how public agencies use the threat of eminent domain to force people from their property! August 28, 2008 - Under pressure from local residents, Baldwin Park appears to have modified its ambitious plan by limiting their abusive takings of private property to small business properties only. Unfortunately, this came too late for 40 homeowners and will do nothing for over 300 small business owners like Ken Woods whose family business will face eminent domain and the bull dozer for the second time! August 25, 2008 - The LA Business Journal reports on how a group that tried to swindle the state of millions of dollars is to acquire a shopping center project by eminent domain. It pays to be politically connected in LA! August 23, 2008 - Reece Eptein, with Project 21 black leadership network, writes, "Self-professed champions of the poor don't help when they oppose eminent domain reform." August 18, 2008 - In July, the Los Angeles Times reported that a politically connected developer boasted of its relationship with the LA redevelopment agency and lucrative returns on properties, some of which were seized by eminent domain. On Friday, the LA City Council approved a redevelopment agency plan to build a shopping center on property seized by eminent domain, too. Here is the catch. It involves a public subsidy of over $20 million! The rightful owners of the property had plans to build a shopping center, too, but with no public assistance. Why is the city wasting taxpayer dollars? Is it because the plan involves conveying the property to a politically non-profit that tried to swindle the State of over $1.3 million for a soccer field never built?
August 14, 2008 - Over 1000 families are threatened by eminent domain in Los Angeles. How can this be since supporters of Prop. 99 say homes are forever protected from eminent domain abuse? August 13, 2008 - The South San Joaquin Irrigation District continues to position itself financially to acquire PG&E by eminent domain. August 13, 2008 - Does eminent domain benefit poor neighborhoods in South Los Angeles? August 10, 2008 - The City of Azusa abandons its redevelopment project only after seizing and demolishing productive businesses by eminent domain! Yet another example of the risks associated with seizing private property and giving it to development interests. July 27, 2008 - The Orange County Register writes, "So it's with enormous disappointment that we learn that Mr. Howser has agreed to host a 14-segment series paid for by the California Redevelopment Association--the folks who advocate the use of eminent domain on behalf of 'economic development'"... July 23, 2008 - Action Alert: The California Redevelopment Association (CRA) has bought off renowned TV host of California Gold (Public TV) Huell Howser to do a puff piece on redevelopment, without highlighting how public agencies have used eminent domain to destroy historic business districts, homes and livelihoods. While CRA is a sponsor of this segment, the program is aired on public television. Since this is your tax dollars at work, email Mr. Howser today and demand a balanced segment that tells the stories of enriched developers and victims.
July 22, 2008 - We told you so! Even after Prop. 99 becomes law, Baldwin Park is seizing 100 homes and so is the City of Vista. July 21, 2008 -The San Francisco Chronicle reports, "The San Francisco Redevelopment Agency will leave the Western Addition in January, ending a 40-year 'urban renewal' project that was touted as a move to wipe out blight but actually destroyed the city's most prominent African American neighborhood." July 21, 2008 – The idea of having redevelopment agencies bailout the state budget deficit in return for relaxing eminent domain laws is alive and well. July 20, 2008 – Politically connected lobbying firm boasts of huge returns on LA redevelopment projects. Bob Blue, a private property activist, raises concerns. July 18, 2008 - City of Vista is yet another city that seeks to exploit a Prop. 99 loophole that exempts redevelopment zones from purported home protections. Shame on proponents of Prop. 99 for tricking voters! July 13, 2008 - The great debate of who is responsible for "blighted" communities, a requisite for using eminent domain, rages in Stockton. Local columnist says city is responsible! July 12, 2008 - City files suit to remove two-story-high "End Eminent Domain Abuse" mural in St. Louis! July 8, 2008 - What has been developed on Suzette Kelo's property, the case that led to the U.S. Supreme Court's controversial Kelo v. New London decision? Nothing! The property was seized for a development project never built! July 8, 2008 - The City of Baldwin Park is looking for ways to exploit Prop. 99's loopholes so that they can seize over 200 homes! Have they no shame? July 8, 2008 – In return for relaxing the blight designations that are required to seize private property from unwilling sellers, the League of CA Cities and redevelopment interests have come up with a scheme to help bail out the state’s budget deficit! Making it easier to seize private property by eminent domain is not an acceptable solution to balancing state budgets! ACTION ITEM: Call your legislators today and urge them to reject the League’s scheme. July 5, 2008 - More than 20 years ago, the City of Indio used eminent domain to demolish homes for retail projects never built. Locals are now weary of plans to use the vacant property to save a mall that is going out of business! June 26, 2008 - Temple City small business owners believe the city's business moratorium is designed to purposely create blight so that business property can be seized by eminent domain. June 26, 2008 - Jon Coupal, Howard Jarvis Taxpayers Association President, reflects on the passing of the Kelo decision's 3rd anniversary and how California still needs reforms. June 22, 2008 - Baldwin Park property owners seek to recall council members for eminent domain abuse. June 21, 2008 - Home that ignited national property rights rebellion is relocated to a new location. June 19, 2008 - Recognizing Prop. 99's shortcomings, Redding City Council passes Prop. 98 like protections. June 19, 2008 - See how Proposition 99's weaknesses and loopholes won't help the citizens in San Bernardino who are now under the threat of eminent domain. June 17, 2008 - A rising trend in local utilities using eminent domain to take private water systems away from businesses and hand them over to government interests. June 13, 2008 - Public agency that funneled money into campaigns opposed to eminent domain reform, rubber stamps millions worth in tax-free bonds. Calls increase for greater oversight. June 12, 2008 - The Sacramento Union reports, "If you voted for Proposition 99 last week, there is an unsettling possibility that you were conned." June 11, 2008- Pittsburg Redevelopment Agency threatens waterfront business with eminent domain. They even want the owner to pay for cleanup of his property should they acquire it! June 8, 2008 - Two more papers have come to the conclusion that Prop. 99 will not protect all Californians from eminent domain abuse and that more reforms need to be passed. June 7, 2008 - No more than 2 days after voters passed Prop. 99 the Seaside City Council extends eminent domain authority. June 6, 2008 - Public agency views passage of Prop. 99 as an invitation to seize PG&E's property by eminent domain. June 5 - More than 200 homes and businesses in Baldwin Park are being threatened by eminent domain and city leaders are unsure if Prop. 99 will stop the city from their redevelopment plans. June 5 - Throughout the campaign, proponents of Prop. 99 claimed that they would pursue additional reforms to fill in Prop. 99's loopholes. However, just days after the Prop. 99's passage they are backtracking on these promises. June 4 - Property rights advocates vow to continue the fight despite the loss of Prop. 98 at the polls.
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