In place of our regular daily commentary, we feature the following special guest commentary from Republican Assemblyman Guy Houston. Houston, who serves as Vice-Chairman of the Assembly’s Local Government Committee, is an important voice in the debate over the future of ACA 8, the "Trojan Horse" faux-Eminent Domain "reform" measure put forth by the League of Cities as a blocking-maneuver to prevent a real reform measure that would have protections for all property owners against abusive government takings. In Houston’s commentary, just see how many kinds of property are NOT protected from "Kelo" type government action? Without any further introduction, here is Houston’s piece:
Republican Opposition Can Stop Misleading Eminent Domain “Reform”
by Assemblyman Guy Houston
The soap opera that is the eminent domain debate continues and in recent days has come to a point. Two proposals are moving through the Legislature right now. Both are constitutional amendments, so the stakes are high. Whatever eminent domain reform gets the Legislature’s and the voters’ approval will likely remain in place for a very long time.
Jon gave me this opportunity to write on this issue, because I am the Vice-Chairman of the Assembly Local Government Committee, which is one of the committees that these bills should come through before a full vote of the Assembly.
Those who have read the Flashreport recently, have seen the discussion of eminent domain reform and are aware that there are competing bills in the Legislature on the matter. Both claim to address the vulnerability of California’s property owners to eminent domain. But only one of these Assembly Constitutional Amendments actually makes sense and provides all property owners with real protection.
Several Democratic legislators have been leading an insincere campaign framed as an attempt to protect California’s property owners. Fortunately, Republicans are on to them. Assemblyman Hector De La Torre’s ACA 8 has had to rely upon party-line votes to get out of committee.
On Monday, however, ACA 8 hit a snag and appears to have stalled for the time being. That is a result of the solid Republican opposition to his legislation.
I am a firm supporter of protecting property owners from inappropriate uses of eminent domain. Last year I proudly endorsed Proposition 90, and drew heat from city council members in my district. After the election, they assured me that something would be done to “fix Kelo.” Unfortunately, the proposal the cities are now endorsing, ACA 8, is not the fix I was hoping for.
ACA 8 is full of loopholes and many property owners across the state will remain vulnerable to abuses of eminent domain, including owners of:
- Farmland (in Woodland, county officials attempted to seize a ranch by eminent domain for private development)
- Church-owned property (in Visalia, city officials used eminent domain to take a building from a local church in order to build a theater)
- Investment property (just because you don’t happen to live there, why should you be treated differently?)
- Nonprofits (in San Pablo, the city council endorsed the condemnation of a Salvation Army store for a housing development)
- Rental property (in Grass Valley, local officials demand an apartment complex be torn down to build a walkway of retail and restaurants)
- Small businesses with fewer than 100 employees, but more then 25 (in San Diego, an successful cigar and coffee bar was condemned to build a Marriott Hotel)
I know Mr. De La Torre and have enjoyed working with him in Sacramento. I’m sure he will continue to work to bring this bill to a vote on the full Assembly
It simply all comes down to this; do we treat everybody the same or do we legislate winners and losers. Let’s be honest about what ACA 8 does and doesn’t do. It only helps a small percentage of eminent domain cases. The real fix that will treat all property owners equally and fairly is Assemblywoman Mimi Walters’ ACA 2. If Republicans stay resolved to not give Assemblyman De La Torre the votes he needs, then we will be able to get the true reform that all property owners deserve.
You can write to Assemblyman Houston, via the FR, here.
[It is also important for FR readers to remember that there is an initiative that will be on the ballot next year that is real Kelo reform. – Flash]
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