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Jon Fleischman

Today’s Commentary: Where property rights are concerned, Harman’s SB 1000 is bad news…

The flurry of thousands of pieces of legislation flying around the State Capitol this time of year (hold on to your wallets and purses!) continues to allow the FlashReport to bring our readers into the building to take a closer look at individual pieces of legislation.

Today we’re taking a moment to look at Senate Bill 1000, introduced by Republican State Senator Tom Harman of  Orange County.

PROPERTY RIGHTS
Before I delve into the specifics of this legislation, let’s have a short little primer on property rights.  This has been a big issue lately, especially since the United States Supreme Court in their (terrible) Kelo v. New London decision cleared the way for government to come in and take someone’s private property through eminent domain if the government deems that a different use for that property would further ‘economic development’ in the area.  This has lead to a national trend of local measures to protect property rights.

**There is more – click the link**

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2 Responses to “Today’s Commentary: Where property rights are concerned, Harman’s SB 1000 is bad news…”

  1. duane@coronadocommunications.com Says:

    Jon,

    It’s no secret that Senator Harman is my client, but even without that I think you are way off the reservation on this one.

    First, the real ‘taking’ occurs when government sticks a recovery home on your block to start with (I write ‘government’ because it’s the law that prevents the home from not being sold to the recovery center), and uses the power of government to avoid the free market from getting rid of them once established. Then what they do is start spreading these centers out in the neighborhood. What do you think this does to your home’s value. Hint: the value is wrecked because no one wants to live next to recovery homes.

    Now your view appears be that the individuals in question are under constant scrutiny by authorities, thus making them as safe or safer than tourists. Would you feel safe in having kids walk past these homes every day? I would not. I believe that many of the folks in these homes (I cant speak to the specific homes you address but for the vast majority) are there under court order, having been arrested for something. Warrentless searches on groups of half a dozen men with drug problems and legal problems that the government is keeping on my block? Hell yes… every day.

    And when property values go down what happens? The other houses in the neighborhood start to become rentals – often catering to the uncorrected version of the folks in the homes – and the area sinks.

    I guess part of my support for Senator Harman’s suggestions comes from experience as opposed to theory. Assemblywoman Horton’s district is packed with these properties. And so is my ‘progressive’ community here in Sacramento. There’s nothing like the sight of four shaggy guys hanging out at the park your kids go to to have you change your mind.

    I think, in hindsight, that the law should actually be changed to say that for every one of the treatment centers they place in our city communities, they should have to place one out in the exurbs or walled communities that our ideologically more pure friends live in.

  2. LesCornejo@aol.com Says:

    Having lived on the Peninsula while attending college at UC Irvine, I can attest to the strange nature of the beach neighborhoods being a combination of (sometimes)wild and crazy college students, vacationers and family occupied homes. I can sympathize with the homeowners and their concern for their property values. I can also sympathize with those in the SLS program that are trying to become more productive citizens (by choice or by order).
    My hope is that acceptable alternatives be provided as part of the legislation. We don’t want to create a new problem by “fixing” another.