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Yes on Prop. 98: Opponents 'sneaky'
ELECTION 2008
| Wednesday, May 7 2008 6:05 PM
Last Updated: Wednesday, May 7 2008 6:09 PM
Proposition 98, called the California Property Owners and Farmland Protection Act, will be on the ballot in June. Also on the ballot will be Proposition 99, which is deceitfully called the Homeowners Protection Act. Prop. 98 is true reform for property owner rights and Prop. 99 is a decoy ballot measure designed to confuse voters.
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Prop. 98 is needed due to the U.S. Supreme Court's Kelo decision, which made it legally permissible for government to profit by seizing private property from unwilling sellers. The decision did allow for the states to limit eminent domain powers. More than 40 states have done so. Unfortunately, the California Legislature has failed to pass meaningful reforms that protect private property rights.
A coalition of homeowners, family farmers, small business owners, led by the Howard Jarvis Taxpayers Association and the California Farm Bureau Federation, are supporting Prop. 98.
The proposition reaffirms and strengthens the state constitution which states, "All people ... have inalienable rights. Among these are enjoying and defending life and liberty, acquiring, possessing, and protecting property ..."
The passage of Prop. 98 will protect private property from seizure by government eminent domain proceedings for the use by another private party to enrich themselves by building a shopping center or luxury condos, for example. Prop. 98 will allow private property to be taken for true public uses, such as roads, parks or schools.
Prop. 98 will protect family farms from seizure by the government wanting to profit from the natural resources. Prop. 98 prohibits the government from setting the price at which property owners may sell or lease their property.
Nothing in Prop. 98 would prohibit or limit legitimate land use decisions, zoning, workplace laws, water projects or environmental protections. Nor would it expose public agencies to costly litigation.
Prop. 99, the false ballot measure, is sponsored by the same big government and developers who want to seize private property for other than true public uses. Ironically, your tax dollars are being used to finance the organizations behind Prop. 99.
The League of California Cities and the California Redevelopment Association are the same groups that use and abuse eminent domain. Prop. 99 is one big loophole. It does not protect churches, farms, or small businesses.
In fact, the Legislative Analyst's Office says Prop. 99 "... is not likely to significantly alter current governmental land acquisition practices."
Property rights are what give each of us liberty. Without private property protection, what belongs to you becomes entangled with what belongs to your neighbor and to the whims of the government and ultimately property no longer belongs to the individual but to the collective.
Please do not vote "yes" on both propositions.
Prop. 99 has a sneaky, poison-pill provision that negates all the private property protections of Prop. 98, even if both measures pass, but Prop. 99 receives even one vote more than Prop 98.
To protect property rights vote Yes on 98 and No on 99.
Ken Mettler of Bakersfield is chairman of the Kern County Yes on 98 Property Rights Protection. Pro and con articles appearing on this page are presented as Community Voices articles expanded commentaries that may contain up to 500 words. The Californian reserves the right to reprint commentaries in all formats, including on its Web page.