Proposition 99			00.00 05/03
	Full Extract
	Submitted as: "Homeowners and Private Property Protection Act"
	Type:  Amendments to the State Constitution
	Subject:
	Submitter(s):  Christopher K McKenzie, Susan Smartt, Kenneth Willis
	Supporting Organization:
		Name:	1121 L Street, Suite 803 Sacramento CA 95814 Committee ID NONE GIVEN
		Email: info@no98yes99.com
		Web Site: http://www.no98yes99.com
		Phone:  - 916.443.0872
		Fax:  - 916.442.3510
	Opposing Organization:
		Name:	Committee ID NONE GIVEN
		Email:
		Web Site: http://thetruthaboutprop99.com
		Phone:  -
		Fax:  -
	Of the Sections 1 to 9 of the Initiative:
	1 provides the Purpose and Intent of the Measure.
	2 Amends Section 19 of Article I of the California Constitution:
	(19) (a) is left unchanged.
	(19) (b) is added, prohibiting the state and local governments "from acquiring by eminent domain an owner-occupied residence for the purpose of conveying it to a private person."
	(19) (c) is added, to make an exception to the above if "State or local government exercises the power of eminent domain for the purpose of protecting public health and safety; preventing serious, repeated criminal activity; responding to an emergency; or remedying environmental contamination that poses a threat to public health and safety."
	(19) (d) is added, to make another exception to the above, when "State or local government exercises the power of eminent domain for the purpose of acquiring private property for a Public work or improvement."
	(19) (e) is added, to provide a series of definitions:
	(19)(e)(1) is added, to provide the definition of "conveyance": "a transfer of real property whether by sale, lease, gift, franchise, or otherwise".
	(19)(e)(2) is added, to provide the definition of "local government": "any city, including a charter city, county, city and county, school district, special district, authority, regional entity, redevelopment agency, or any other political subdivision within the State."
	(19)(e)(3) is added, to provide the definition of "owner-occupied residence" as " property improved with a single family residence ... and that is the owner or owners' principal place of residence for at least one year prior to the State or local government's initial written offer to purchase the property".
	(19)(e)(4) is added, to provide the definition of "person": "any individual or association, or any business entity, including, but not limited to, a partnership, corporation, or limited liability company".
	(19)(e)(5) is added, to provide the definition of "public work or improvement": "facilities or infrastructure for the delivery of public services such as education, police, fire protection, parks, recreation, emergency medical, public health, libraries, flood protection, streets or highways, public transit, railroad, airports and seaports; utility, common carrier or other similar projects such as energy-related, communication-related, water-related and wastewater-related facilities or infrastructure; projects identified by a State or local government for recovery from natural disasters; and private uses incidental to, or necessary for, the Public work or improvement."
	(19)(e)(6) is added, to provide the definition of "State": "the State of California and any of its agencies or departments"
	3 asserts that no change is intended to the meaning of existing terms in Section (19)(a) of the Constitution, and specifically not to the meaning of "taken", "damaged", "public use", or "just compensation", nor are any restrictions to be imposed upon the uaw of eminent domain other than as expressly provided for by this measure.
	4 asserts that Section (19)(a), and the amendments added by this measure, "constitute the exclusive and comprehensive authority in the California Constitution for the exercise of the power of eminent domain and for the payment of compensation to property owners when private property is taken or damaged by state or local government."
	5 adds another exception to the application of the amendments, that they "shall not apply to the acquisition of real property if the initial written offer to purchase the property was made on or before the date on which this initiative becomes effective, and a resolution of necessity to acquire the real property by eminent domain was adopted on or before 180 days after that date."
	6 says again that words and phrases used in the amendments provided above, but not defined in subdivison (19)(d) continue to have the meaning they had as of January 1, 2007.
	7 says "The provisions of this measure shall be liberally construed in furtherance of its intent to provide homeowners with protection against exercises of eminent domain in which an owner-occupied residence is subsequently conveyed to a private person."
	8 covers severability; if any one part of this measure is held to be invalid, the rest will take effect anyway.
	9 covers conflict with a similar measure on the ballot. This measure wins if it gets more votes than the other.
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