[Sosfbay-discuss] California Property Owners and Farmland Protection Act

[Wes Rolley]

Today's Morgan Hill Times had a column by Lisa Pampuch (one time city 
editor for Gilroy Dispatch) that was a clarion call for supporting the 
California Property Owners and Farmland Protection Act.

This is an initiative that has not yet been qualified, but for which 
over 1,000,000 signatures were submitted when 694,000 were required.  It 
is likely to be approved for June 2008.

The following was my response.  Letter to the editor for publication ????

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It is very difficult to level a criticism at someone with who I agree 
fairly frequently, but I believe that I have to respond to Lisa 
Pampuch's column today, headlined "Ban eminent domain on behalf of 
private developers."  If it were only so.

It is particular vexing because I fully agree with the sentiment 
expressed in that headline.  For government to take private property in 
order to enrich another through the intervention of the state should be 
made illegal in every state, not just California. However, the vehicle 
by which this admirable goal is being pursued, euphemistically named the 
California Property Owners and Farmland Protection Act, is even more 
seriously flawed than Proposition 90 that we defeated in 2006. 

The more proper name for this act might have been the California Big 
Property Owners and Developers Protection Racket.  While it does ban the 
use of eminent domain proceedings to transfer ownership of private 
property from one private owner to another with government being the 
broker, it would also ban a long list of very beneficial actions on the 
part of government.  This would start with removing all rent control on 
apartments and mobile homes. It is generally seniors who are residing in 
rent control apartments and many can not afford to move in to other 
housing.  What are we to do, blame the seniors for not being richer?

Section 19(b)(3)(ii) would prohibit even the use of eminent domain to 
acquire land or water rights for use by a public water agency.    At a 
time when the Governor wants to build more dams for water, I am sure 
that he would hate to see this pass.

If those who collected these signatures. were to separate the "takings" 
issue from the specific case of eminent domain abuse, I would be at the 
head of the line to support it.  As it stands, I urge you all to take 
Lisa's advice.. "Inoculate yourself with the facts so you won't become 
infected by the germs of half-truths, spin, and fear that will spewed by 
powerful, wealthy, well-connected opponents of eminent domain reform."  
You won't find the full truth from Californians for Property Rights 
Protection.  I suggest that you start with the Legislative Analysts 
Office review. 
http://www.lao.ca.gov/laoapp/ballot_source/BalDetails.aspx?id=603

-- 
"Anytime you have an opportunity to make things better and you don't, then you are wasting your time on this Earth" Roberto Clemente

Wes Rolley
17211 Quail Court, Morgan Hill, CA 95037
http://www.refpub.com/ -- Tel: 408.778.3024