| Charter Amendment Proposal
Section 1. Statement of Findings (a) The State Constitution provides that the people have an inalienable right to own, possess, and protect private property. It further provides that no person may be deprived of property without due process of law, and that private property may not be taken by eminent domain except for public use and only after just compensation has been paid to the property owner. (b) Notwithstanding these clear constitutional guarantees, the courts have not protected the people’s rights from being violated by city government through the exercise of its power of eminent domain. Section 2. Statement of Purpose (a) City government may use eminent domain to take private property only for public uses, such as roads, parks, and public facilities. (b) City government may not its power to take or damage property for the benefit of any private person or entity. (c) The City may not take private property by eminent domain to put it to the same use as that made by the private owner. (d) When the City uses eminent domain to take or damage private property for public uses, the owner shall receive just compensation for what has been taken. Section 3. Amendment to the Charter (a) Private property may be taken only for a stated public use and when just compensation, ascertained by a jury unless waived, has first been paid to, or into court for, the owner. The City Council may provide for possession by the condemnor following commencement of eminent domain proceedings upon deposit in court and prompt release to the owner of money determined by the court to be the probable amount of just compensation. Private property may not be taken for private use. (b) For the purposes of this section: (1) “Taken” includes transferring the ownership, occupancy, or use of property from a private owner to a public agency or to any person or entity other than a public agency, or limiting the price a private owner may charge another person to purchase, occupy or use his or her real property. (2) “Public use” means use and ownership by a public agency or regulated public utility for the public use stated at the time of the taking, including public facilities, public transportation, and public utilities, except that nothing herein prohibits leasing limited space for private use incidental to the stated public use; nor is the exercise of eminent domain prohibited to restore utilities or access to a public road for any private property which is cut off from utilities or access to a public road as a result of a taking for public use as otherwise defined herein. (3) “Private use” means: (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 utility; (ii) transfer of ownership, occupancy or use of private property or associated property rights to a public agency for the consumption of natural resources or for the same or substantially similar use as that made by the private owner. (4) “Public agency” means the city, any municipal agency or corporation, public agency-owned utility or utility district, or the electorate of any public agency. (5) “Just compensation” means: (i) for property or associated property rights taken, its fair market value as determined by jury or arbitration; (ii) an award of reasonable costs and attorney fees from the public agency if the property owner obtains a judgment for more than the amount offered by the public agency as defined herein; and (iii) any additional actual and necessary amounts to compensate the property owner for temporary business losses, relocation expenses, business reestablishment costs, other actual reasonable expenses incurred and other expenses deemed compensable by the City Council. (6) “Prompt release” means that the property owner can have immediate possession of the money deposited by the condemnor without prejudicing his or her right to challenge the determination of fair market value or his or her right to challenge the taking as being for a private use. (7) “Owner” includes a lessee whose property rights are taken or damaged. (c) In any action by a property owner challenging a taking or damaging of his or her property, the court shall consider all relevant evidence and exercise its independent judgment, not limited to the administrative record and without deference to the findings of the public agency. The property owner shall be entitled to an award of reasonable costs and attorney fees from the public agency if the court finds that the agency’s actions are not in compliance with this section. In addition to other legal and equitable remedies that may be available, an owner whose property is taken or damaged for private use may bring an action for an injunction, a writ of mandate, or a declaration invalidating the action of the public agency. (d) Nothing in this section prohibits a public agency or regulated public utility form entering into an agreement with a private property owner for the voluntary sale of property not subjected to eminent domain, or a stipulation regarding the payment of just compensation. (e) If property is acquired by a public agency through eminent domain, then before the agency may put the property to a use substantially different from the stated public use, or convey the property to another person or unaffiliated agency, the condemning agency must make a good faith effort to locate the private owner from whom the property was taken, and make a written offer to sell the property to him or her at the price which the agency paid for the property, increased only by the fair market value of any improvements, fixtures or appurtenances that had been acquired with the property. If the property is repurchased by the former owner under this subdivision, it shall be taxed based on its pre-condemnation enrolled value, increased or decreased only as allowed herein. The right to repurchase shall apply only to the owner from which the property was taken, and does not apply to heirs or successors of the owner or, if the owner was not a person, to an entity which ceases to legally exist. (f) Nothing in this section prohibits a public agency from exercising its power of eminent domain to abate public nuisances or criminal activity. (g) Nothing in this section shall be construed to prohibit or impair voluntary agreements between a property owner and a public agency to develop or rehabilitate affordable housing. (h) Nothing in this section prohibits the California Public Utilities Commission from regulating public utility rates. (i) Nothing in this section shall restrict the powers of the Governor to take private property in connection with his or her powers under a declared state of emergency. |