Pass: 20216 / 73.80% Yes votes ...... 7176 / 26.20% No votes

See Also: Index of all Propositions

Eminent domain may only be used if just compensation is awarded and the property is taken for a "public" use and necessity. Property that is taken must be necessary for that use.

Public necessity has three elements: 1) Public interest and necessity require the project; 2) the project is planned and located in the manner that will be most compatible with the greatest public good and the least private injury; and 3) the property sought to be acquired is necessary for the project. California law only permits the use of eminent domain for economic development only if it is for the removal of blight.

This measure will amend the Charter of the City to add Sections 305.5 and 305.6 regarding prohibited acts. This measure would provide restrictions beyond those currently provided in California law. It will prohibit the City Council from taking any action or supporting any action of any other agency seeking to condemn private property for private redevelopment purposes. This will prohibit the City from utilizing the eminent domain process to make property available for private development. This measure will require the City to submit to the voters at a general municipal election any matter where the City desires to utilize eminent domain on private property except for public improvement projects.

The City will be able to use the eminent domain process for public improvement projects provided the City holds or uses the property taken for public purposes for a period of ten years prior to sale, lease, transfer or other disposition of the property. This measure will require that any amendments to its provisions may only be made by a vote of the people at a City election.