Proposition 98			00.00 05/03
	Full Extract
	Submitted as: "California Property Owners and Farmland Protection Act"
	Type:  Amendments to the State Constitution
	Subject:
	Submitter(s):  Jon Coupal, Doug Mosebar, Jim Nielsen
	Supporting Organization:
		Name:	Yes Prop 98 - Californians for Property Rights Protection 621 South Westmoreland Avenue, Suite 202 Los Angeles, CA 90005 Committee ID # 1296303
		Email:
		Web Site: http://www.yesprop98.com
		Phone:  - 916.556.1110
		Fax:  - 916.444.9823
	Opposing Organization:
		Name:	1121 L Street, Suite 803 Sacramento, CA 95814 Committee ID NONE GIVEN
		Email:
		Web Site: http://www.noprop98.org
		Phone:  - 916.443.0872
		Fax:  - 916.442.3510
	Of the Sections 1 to 6 of the Initiative:
	1 provides the introductory Findings, what the authors consider to be the problems that need to be solved. 2 provides a Statement of Purpose, what the authors intend the Proposition to do.
	3 extensively amends Section 19 of Article I of the California Constitution:
	Sec. (19)(a) Is changed to require that, when private property is taken for public use, it must be ONLY for a STATED public purpose, AND compensation must first have been paid.  This addition firms up the language to then support an entirely new sentence in this section, "private property may not be taken or damaged for private use."
	A new Sec. (19)(b) is added to provide several definitions for words which are used later in the document:
	(19)(b)(1) defines the word "Taken", to mean "transferring the ownership, occupancy, or use of property from a private owner" to either a public agency or private owner."  Text is added to specifically include "limiting the price a private owner may charge another person to purchase, occupy or use his or her real property"
	(19)(b)(2) defines the phrase "Public use".  to mean "use and ownership by a public agency or a regulated public utility for the public use stated at the time of the taking", allowing leasing of space for private uses supporting the government use.
	(19)(b)(3) defines the phrase "Private use" in 3 ways:   (i) "transfer of ownership, occupancy or use of private property or associated property rights to any person or entity other than a public agency or a regulated public utility"   (ii) " transfer ... to a public agency ... for the same or a substantially similar use as that made by the private owner".   (iii) "regulation ... in order to transfer an economic benefit to one or more private persons at the expense of the property owner.
	(19)(b)(4) defines the phrase "Public agency" to mean "the state, special district, county. city, city and county, ... and any other local or regional governmental entity, municipal corporation, public agency-owned utility or utility district, or the electorate of any public agency"
	(19)(b)(5) defines the phrase "Just compensation" in 4 ways:   (i) In the case of "property or associated property rights taken, its fair market value"   (ii) In the case of "property or associated property rights damaged, the value fixed by a jury, or by the court if a jury is waived"   (iii) "an award of reasonable costs and attorney fees from the public agency if the property owner obtains a iudgment for more than the amount offered by a public agency"   (iv) "any additional actual and necessary amounts to compensate the property owner for temporary business losses, relocation expenses, business reestablishment costs, other actual and reasonable expenses incurred and other expenses deemed compensable by the Legislature."
	(19)(b)(6) defines the phrase "Prompt release" to mean that " the property owner can have immediate possession of the money deposited by the condemnor without prejudicing [the] right to challenge the determination of fair market value or [the] right to challenge the taking as being for a private use"
	(19)(b)(7) expands the usual meaning of the word "Owner" to include " a lessee whose property riyhts are taken or damaged."
	(19)(b)(8) defines the phrase "Related public utility" to mean "any public utility ... that is regulated by the California Public Utilities Commission and is not owned or operated bv a public agency. Regulated public utilities are [to be considered] private property owners [when considered as possible receivers of a taking]."
	A new Sec. (19)(c) is added to discuss the handling of "any action by a property owner challenging a taking or damaging of his or her property". The court is required to exercise independent judgement, and consider all relevant evidence, without deference to the findings of the public agency. If the agency violates this new section, the property owner is entitled to reimbursement of reasonable costs and attorney's fees from the public agency, and is entitled to bring an action invalidating the public agency's action.
	A new Sec. (19)(d) is added to allow public agencies to make agreements for the voluntary sale of property, not subject to eminent domain.
	A new Sec. (19)(e) is added to cover the situation in which property is legitimately acquired by use of eminent domain, but the agency desires to "put the property to a use substantially different from the stated public use, or convey the property to another person or unaffiliated agency." In such a case, the agency must first offer to sell the property back to the original owner at the price for which the agency acquired the property, plus or minus changes in improvements. If the property is re-purchased, its tax base is to be the same as its enrolled value prior to the taking, plus inflationary adjustments. The right to re-purchase belongs only to the original owner and cannot be inherited.
	A new Sec. (19)(f) is added to specifically allow a public agency to continue "exercising its power of eminent domain to abate public nuisances or criminal activity."
	A new Sec. (19)(g) is added to say that nothing added here "shall be construed to prohibit or impair voluntary agreements between a property owner and a public agency to develop or rehabilitate affordable housing."
	A new Sec. (19)(h) is added to allow the California Public Utilities Commission to continue regulating public utility rates.
	A new Sec. (19)(i) is added to say that nothing added here "shall restrict the powers of the Governor to take or damage private property in connection with his or her powers under a declared state of emergency.".
	4 covers implementation of the revised text. The legislature may make laws to aid in its implementation, but no amendment can be made without the approval of the people.
	5 covers severability of the revised text. If any one part of this measure is held to be invalid, the rest will take effect anyway.
	6 specifies that these changes go into effect immediately, except that rent controls in effect before January 1, 2007 stay in effect so long, and only so long, as the tenant at that time continues to live in the rent controlled property.
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