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Home My WebLink AboutSCA 20 McClintock - Eminent Domainvi R CITY OF PALM DESERT Community Services Division Staff Report REQUEST: CONSIDERATION OF LEGISLATIVE REVIEW COMMITTEE ACTION ON SCA 20 (McCLINTOCK) AT ITS MEETING OF FEBRUARY 28, 2006 SUBMITTED BY: Patricia Scully, CFEE, Senior Management Analyst DATE: March 23, 2006 CONTENTS: SCA 20 Language RECOMMENDATION: By Minute Motion, concur with the action taken by the Legislative Review Committee at its Meeting of February 28, 2006, and direct staff to prepare a letter of opposition for the Mayor's signature with regard to SCA 20 (McClintock) relative to eminent domain. EXECUTIVE SUMMARY: This Constitutional amendment would provide that private property may be taken or damaged only for a stated public use and not without the consent of the owner for purposes of economic development, including tax revenue. BACKGROUND: The California Constitution authorizes governmental entities to take or damage private property for public use only when just compensation has first been paid to the owner. Eminent domain law also authorizes the Legislature to provide for possession by the condemner following commencement of eminent domain proceedings upon deposit in court, and prompt release to the owner, of the money determined by the court to be the appropriate amount of just compensation. Passage of SCA 20 would further provide that private property may be taken or damaged only for a stated public use and not without the consent of the owner for purposes of economic development, increasing tax revenue, or any other private use, nor for maintaining the present use by a different owner. This measure would also require that the property be owned and occupied by the condemner, except as specified, and used only for the stated public use. In addition, it would provide that if the property ceases to be used for the stated public use, the former owner would have the right to reacquire the property at its fair market value. CITY COUNCIL STAFF REPORT RE: SCA 20 (McCLINTOCK) MARCH 23, 2006 While the City of Palm Desert has used eminent domain primarily for public purposes, there are situations where changes in rules to be implemented by private development are necessary to promote the public good. Requiring property owner consent can hold significant urban development projects hostage, which would result in their demise or irrational redesign. Therefore, the Legislative Review Committee recommends that the City Council oppose SCA 20 and direct staff to prepare a letter stating that position to appropriate legislators for the Mayor's signature. se PATRICIA SCULLY, CFEE SENIOR MANAGEMENT ALYST _ r &SHEfLA4-.dGI41GK� ACM/COMMUNITY SE VI ES PS:mpg '��J ��r CARLOS L. O GA CITY MANAGER 2 SCA 20 Senate Constitutional Amendment - INTRODUCED Page 1 of 3 BILL N;;MBER: SCA 20 INTRODUCED BILL TEXT INTRODUCED BY Senator McClintock JANUARY 11, 2006 A resolution to propose to the people of the State of California an amendment to the Constitution of the State, by amending Section 19 of Article I thereof, relating to eminent domain. LEGISLAT7V= COUNSEL'S DIGEST SCA 20, as introduced, McClintock Eminent domain: condemnation proceedings. The California Constitution authorizes governmental entities to ake or damage private property for public use only when just compensation, ascertained by a jury unless waived, has First been pa_d to, or into court for, the owner. It also authorizes the Legislature to provide for possession by the condemnor following commencement of the eminent domain proceedings upon deposit in court, and prompt release to the owner, of the money determined by the court to be the probable amount of the ;ust compensation. This measure would further provide that private property may be taken or damaged only for a stated public use and not without the consent of the owner for purposes of economic development, increasing tax revenge, or any other private use, nor for maintaining the present use by a different owner. The measure would also require that the property be owned and occupied by the condemnor, except as specified, and used only for the stated public use. This measure would also provide that if the property ceases to be •-ised for the stated public use, the former owner would have the right to reacquire the property for its fair market value. This measure would further require a county assessor, upon property being so reacquired, to appraise that property for purposes of property taxation at its adjusted base year value as had been last determined at the time the property was acquired by the condemnor. This measure would define "just compensation" for purposes of condemnation and specify the showing required in an action challenging the validity of a taking. Vote: 2/3. Appropriation: no. Fiscal committee: yes. State -mandated local program: no. WHEREAS, This measure shall be known and may be cited as "The Homeowners and Private Property Protection Act of 2006"; and Fi=EREAS, The Legislature finds and declares all of the following: (a) Our California Constitution provides that all people have inalienable rights, including the acquisition, possession, and protection of property and that no person shall be deprived of property without due process of law. (b) Our California Constitution further provides that private property may not be taken or damaged by government except for public use and only after just compensation has been paid to the property http://info.sen.ca.gov/pub/bill/sen/sb_0001-0050/sca 20_bill_20060111_introduced.html 3/2/2006 ro Cl Co 0 fi 0 Q) to 41 A7 ru -Q to 40 41 -Q �k4 4j 0 0 4-) 41 jz: 41 0 -4: fu 0 "t-4 z 1, (a 0 -t 117 to fu 14 C,) - 4 - 4 - �4 1-1 0 0 41 m q) 0 �y 0 q) (JL4 (L, (D &Q %q �4 tv u L, J�4 69 (D (2) 0 co 0) .1 0 0 T x., 0 Q) 41 0) C) T fu "1 41 0 1" ru -j ",q " a co (1) to -Q 41 0 U 4,) 1) (14 0 Aq 03 (1) --j 4� ". �q f.. 1. 0 q) Q) 0 �t — Q) C7 (Z) co 0 (7) 41 0 CV 4J Jlz 41 0 ry q) 'a J�: kt -Q� Itr I I 4-) (7) 0 144 (7) to ru 0 41 17) 0 (1) (7) 0 0 (b U41 0 0 09 Q) Q . k4 0 4-1 k, 0 40J 0', -0 (1) i (Z q) 0 a) (1) JDI 0-) q) Q) 41 4-1 0 �fi-41 ra Q) (71 0 q) J:� Lj -Q 4-1 (7) 0) J 4 V qj (7) 4-1 0 -Q '0 4�j 0) Z, 0 4,) t,, It, co 41 (7) S, (7) &1 k, 41 ZT qj 0 A, 0 0 411 'if 1) o to 41 CO � .�J 0 T ZY k;l of (0 (7) Cl) 0 41 (7) 0 0 I-f 0 0) -;J 0 ly 41 0 V) qq kf ru fu 0 0) 4tJ 4,.) 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All property that is taken by eminent domain, shall be used only for the public use stated at the time of the taking, except for limited purposes, public or private, that are incidental to that use. (c) When property taken by eminent domain ceases to be used as stated at the time of the taking, or fails to be put to that use within 10 years, the former owner shall have the right to acquire the property ac fair .market value. Notwithstanding subdivision (a) of Section 2 of Article XIII A, upon reacquisition the property shall be appraised by the assessor for purposes of property taxation at its base year value, with any authorized adjustments, as had been last determined in accordance with Article XIII A at the time the property was acquired by the condemnor. (d) In any action challenging the validity of a taking under this section, the person challenging the taking shall not be limited to review of the administrative record and the court shall not afford deference to any legislative finding by the condemnor. The person challenging the taking shall be entitled to an award of attorney's fees from the condemnor if the court finds that the condemnor's actions are not in compliance with this section. (e) This section does not apply to asset forfeiture upon conviction of a crime in a manner prescribed by law. Second-- Section 19 of Article I, as amended herein, shall be self-executing and shall apply to all condemnation actions commenced or pending after June 23, 2005. The Legislature may adopt laws to further the purposes of Section 19 and aid in its implementation. No amendment to Section 19 may be made except by a vote of the people pursuant to Article Il or Article XVI_II of the California Constitation. :hied-- The provisions of Section 19 are severable. If any provision of Section 19 or its application is held invalid, that invalidity shall not affect other provisions or applications that can be giver effect without the invalid provision_ or application. http://info.sen.ca.gov/pub/bill/sen/sb_0001-0050/sca 20_bill_20060111_introduced.html 3/2/2006