Proposition 98			00.00 05/04
	Summary
	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
	This Initiative:
	- firms the intent of Section 19, Article 1 of the California Constitution, saying when private property is taken for public use, it must be ONLY for a STATED public purpose, AND compensation must first have been paid.  It then goes on to say specifically that private property may not be taken or damaged for private use.
	- In addition to continuing the general understanding of the word "taken", to mean "transferring the ownership, occupancy, or use of property from a private owner", adds text which specifically includes "limiting the price a private owner may charge another person to purchase, occupy or use his or her real property".  In other words, rent control is defined as a taking.
	- Defines the phrase "Private use" as 1) a transfer to any entity other than a public agency, 2) a transfer to a public agency for the same use that was being made by the private owner, or 3) regulation that transfers an economic benefit from the owner to a private person at the expense of the owner.
	- Defines the phrase "Public agency" as the usually understood set of governmental units and agencies, and also as "the electorate of any public agency"
	- Expands the usual meaning of the word "Owner" to include " a lessee whose property rights are taken or damaged."
	- Adds a requirement, during the handling of "any action by a property owner challenging a taking or damaging of his or her property", that the court is required to exercise independent judgement, and consider all relevant evidence, without deference to the findings of the public agency.
	- Adds a requirement that, if property taken by eminent domain is not put to the use for which it was intended, 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.
	- 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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