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Supervisors back Prop. 99, but not 98

The Ventura County Board of Supervisors on Tuesday declared its support for Proposition 99, whose backers describe it as the more moderate of two eminent-domain reform measures on the June 3 ballot.

The board also voted to oppose Proposition 98, which would place stricter limits than Proposition 99 on eminent domain and also invalidate rent-control laws such as those that govern Ventura County's mobile home parks.

Eminent domain is the process by which a government agency can force the sale of private property.

The board's vote was 4-1, with Supervisor Peter Foy dissenting.

Foy did not explain his vote, but in the past he has spoken of the need to protect private property rights and he has voted against rent-control provisions before.

"There is bipartisan opposition (to Proposition 98)," Supervisor Steve Bennett said. "It is a flawed measure."

Propositions 98 and 99 are both responses to the 2006 U.S. Supreme Court case Kelo v. New London, in which the court ruled that the city of New London, Conn., could seize private property through eminent domain and turn it over to private businesses for redevelopment.

There was widespread outrage over the decision, and citizen petitioners and state legislators have since tightened eminent domain rules in many states to avoid similar situations and reserve eminent domain for public projects such as roads and sewers.

If Proposition 98 passes, eminent domain could almost never be used to take a property and give it to another private party. The measure would also eliminate or phase out local rent-control ordinances.

Proposition 99 would only outlaw eminent domain for private redevelopment when applied to owner-occupied private homes. Businesses and rental housing would not be covered.

If both measures pass, the one that gets a higher percentage of the vote will go into effect.

City, county and special district governments across the state are pushing Proposition 99 because they say Proposition 98 would outlaw eminent domain even when it might be appropriate. They also accuse Proposition 98 backers of trying to capitalize on anti-eminent domain sentiment by including the rent-control provisions.

"There have been abuses, but the fix in this case could be worse than the abuses," Ventura County Supervisor Kathy Long said.

About 40 mobile home residents went to the board meeting Tuesday to show opposition to Proposition 98.

"They can call it eminent domain or whatever they want to call it, but it's a ruse to eliminate rent control," said Merle Pitman, who lives in the Ojai Villa Mobile Estates park.

Comments

Posted by GuideDog on May 7, 2008 at 8:19 p.m. (Suggest removal)

Free advice to Mr. Foy: you better think about saying something really good. You are virtually certain to be asked about this before the June election.

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