
ACA 8 – Not the solution
Having been a local government type myself (and having served on a JPA that struggled with the very real problem of condemnation actions) I can tell you that all interested parties need to take a deep breath and work together towards substantive reform. Why? Because much of the debate that has already occurred is based on misinformation and, to some degree, obfuscation of the real issue. Kelo is a perfect example: Many of the proposals to revamp eminent domain authorities in the state purport to be "Kelo fixes". The problem is, a Kelo decision could not be reached in California because our State Constitution precludes it from occurring. As such, no reform is necessary to "fix" Kelo in California.
To my mind, the real threat of Kelo was the Court’s determination that economic benefit, standing alone, was sufficient to establish a "public good". This line of reasoning opens the door for a host of horrendous determinations. To that end, a true reform proposal in California should seek to protect private property from the abuses of government by stating simply, that economic benefit does not constitute a finding of public good in… Read More